P R PRAMOD Vs. STATE OF KERALA

JUDGEMENT

(1.) BOTH the Writ Petitions are concerning an identical issue and therefore they are disposed of together. In W.P.(C)No.19352/12, the first petitioner is the owner of an Ashok Leyland lorry bearing registration No.TN-75A-2155 and the second petitioner is the proprietor of Moonlight Traders, Nooranadu, Alappuzha.

(2.) IT appears that respondents have initiated proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The 1st petitioner has filed all the documents before the District Collector along with a request to release the vehicle by way of interim custody and Exhibit P7 is the application.

(3.) IN the light of the decision of the Division Bench of this Court in Sujith v. State of Kerala (2012 (2) KLT 547), the report about the seizure of the vehicle will have to be filed before the jurisdictional Magistrate by the Officer seizing the same. In paragraph No.13 of the judgment, the following directions have been issued.