RAJASEGHARA KURUP, S/O. RAMAKRISHNA KURUP Vs. THE SUB INSPECTOR OF POLICE AND THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) PETITIONER claims to be the owner of four canoes bearing registration Nos. 5308 KQN, 5608 KQN, 5763KQN and 5764 KQN. It is stated that the canoes were seized by the 1st Respondent on the allegation that the same were used in violation of the provisions contained in Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. According to the Petitioner, the 1st Respondent ought to have released the canoes. But however, the canoes have not been released. It is in these circumstances, the writ petition has been filed.

(2.) EVIDENTLY , canoes have been seized on the allegation that the same were used in violation of the principles contained in the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. Such proceedings should pending before the 2nd Respondent, the authority competent under the Act. Therefore, if the Petitioner want either interim custody of the canoes or finalisation of the proceedings, Petitioner would have to approach the 2nd Respondent and seek appropriate reliefs. In that view of the matter, leaving it open to the Petitioner to approach the 2nd Respondent for finalisation of the proceedings and for interim custody thereof, it is directed that orders will be passed applying the principles laid down by a Full Bench of this Court in Shan C.T. v. State of Kerala, 2010 (3) KHC 333