DENNIS Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Petitioner is the registered owner of a vehicle bearing registration No.KL-35A-183. Proceedings have been initiated against the petitioner on the allegation that the vehicle was involved in the unauthorised transportation of river sand. Referring to Exts.P4 and P5, the pass and dealer's licence, petitioner submits that the transportation was fully legitimate and that there is absolutely no substance in the allegation.

(2.) Having regard to the fact that the contention raised by the petitioner is totally factual and the issue is still pending before the Revenue Divisional Officer, the first respondent, I am not persuaded to consider the same. It is for the petitioner to appear before the first respondent and raise his contentions and establish his plea.

(3.) It is seen that the petitioner has filed Ext.P6 application before the first respondent seeking interim custody of the vehicle. Having regard to the pendency of the application, it is directed that the first respondent shall consider Ext.P6 application, in the light of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001 and in the light of the principles laid down by this Court in Shan C.T. Vs. State of Kerala [2010 (3) KHC 333]. Writ petition is disposed of as above.