SWAMINATHAN M Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner's vehicle is involved in a proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The vehicle was seized on 14.8.2012 at 1.50 p.m. by the second respondent Sub Inspector of Police. It is averred in the writ petition that the petitioner is the agreement owner and in possession of Mini Lorry bearing Registration No.KL-54/2267. According to him, the seizure is illegal, as the transportation was accompanied by valid passes, produced as Exts.P1 and P2. This writ petition is filed praying for a direction to the respondents to report about the seizure of the vehicle to the jurisdictional Magistrate, in the light of the decision of a Division Bench of this Court in Sujith v. State of Kerala (2012 (2) KLT 547).

(2.) HEARD learned Government Pleader appearing for the respondents.

(3.) THERE will be a direction to the second respondent to furnish a report about the seizure of the vehicle, to the jurisdictional Magistrate within a period of seven days from the date of production of a certified copy of this judgment along with a copy of the writ petition by the petitioner, for enabling him to seek for interim custody of the vehicle. There will be a further direction to submit a report to the first respondent for expediting the confiscation proceedings, if not already forwarded the same. The first respondent will adjudicate the matter finally in terms of the provisions of the Act, after hearing the petitioner within a period of two months from the date of production of a copy of this judgment. The petitioner will be free to rely upon Exts.P1 to P3 before the first respondent and the effect of the same will be duly considered while passing orders. The writ petition is disposed of as above. No costs.