NOUFAL Vs. EVENUE DIVISIONAL OFFICER TIRUR

JUDGEMENT

(1.) THE petitioner is the owner of a Jeep bearing registration No.KRN/5505, which was seized by the 2nd respondent, the Sub Inspector of Police, Kuttipuram Police Station alleging illegal transportation of river sand and that after such seizure, the copy of the seizure mahazar has not been furnished to the petitioner in terms of the provision of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and that the vehicle is still in the custody of the 2nd respondent and that the first respondent, the Revenue Divisional Officer, Tirur is the statutory authority to adjudicate the matter. It is in the background of these factual aspects the petitioner has sought the following reliefs in this writ petition : -

(2.) IT is common ground that the matter in issue relating to the interim custody of the vehicle is covered by the judgment of the Full Bench of this Court rendered in the case between Shan v. State of Kerala reported in 2010 (3) KLT 413 (F.B.). The main directions rendered by the Full Bench in the said decision are contained in paragraphs 12 and 13 of the above said reported decision, which reads thus : -