SHANAVAS Vs. SUB INSPECTOR OF POLICE AND ORS

JUDGEMENT

(1.) Petitioner submits that he is the registered owner of a pick up van bearing registration No. KL-36/3745. It is stated that on 13-12-2010, while transporting sand collected from the beach of Chavakkad, alleging violation of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, crime No. 796/2010 was registered against the Petitioner, by the first Respondent. It is stated that the matter is pending before the second Respondent. It is in these circumstances the Petitioner has filed this writ petition, inter alia, challenging the proceedings in the aforesaid crime.

(2.) As far as the validity of the criminal case registered against the Petitioner is concerned, this is a matter for the Petitioner to pursue in appropriate proceedings. In the meantime, the proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 has to be finalized by the second Respondent with notice to the Petitioner.

(3.) However, having regard to the fact that the vehicle is under detention, I direct that, on the production of a copy of this judgment, the second Respondent will pass orders on the application which the Petitioner will file for interim custody of the vehicle, imposing sufficient safeguards.