ABDUL MAJEED Vs. STATTE OF KERALA

JUDGEMENT

(1.) PETITIONER is the registered owner of Vehicle bearing Regn.No.KL-10/C 9411, a Tata Mini Lorry. The vehicle was seized on 29/3/2010 on the allegation that it was used for the unauthorised transportation of river sand and for rash and negligent driving under Section 279 of the Indian Penal Code. Ext.P1 is the FIR. In this writ petition, he disputes the allegations on the basis the crime has been registered and proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 have been initiated, and on that basis, he seeks to get the whole proceedings quashed.

(2.) IN my view, unless the petitioner is able to establish before appropriate authorities that the aforesaid proceedings are vitiated either for want of evidence or for other reasons, petitioner cannot seek the relief sought for. This exercise cannot be undertaken in a writ petition. Therefore, the writ petition is misconceived and has to be dismissed and I do so. Be that as it may, having regard to the fact that the proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 are pending before the 2nd respondent, it will be open to the petitioner to seek interim custody of the vehicle, in which event, the said authority will consider the request of the petitioner in accordance with the provisions of the Act and in accordance with the law as laid down by this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333].