RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner's vehicle, namely a tipper lorry bearing registration No.KL-41A/5270 was seized by the respondents herein alleging violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The vehicle is stated to have been seized on 14.2.2012. A crime has also been registered as Crime No.302/12 as evident from Exhibit P5, copy of the First Information Report. Seeking for initiation of appropriate proceedings under the Act, the 2nd respondent filed a report as per Exhibit P6 and later the same was forwarded to the 4th respondent. In fact, the 4th respondent has now passed a final order as evident from Exhibit P10 dated 26.3.2012. The petitioner had also filed an application before the Judicial First Class Magistrate Court, Chalakudy seeking for interim custody of the vehicle. But the same has been disposed of by Exhibit P11 rejecting the request of the petitioner, in the light of the final order passed by the Sub Divisional Magistrate as per Exhibit P10. The learned counsel for the petitioner points out that the 4th respondent had no jurisdiction to pass the final order in the light of the fact that the Ordinance conferring jurisdiction has lapsed.

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