High CourtsSingle Bench(2010) 09 KL CK 0420

Jaganivasan vs The Sub Divisional Magistrate and The Village Officer

High Court Of Kerala · Decided on 20 September 2010

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No. 28883 of 2010 (I)

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Judgment

5 paragraphs · 227 words

T.R. Ramachandran Nair, J.—The petitioner is the owner of Mahindra Tipper Lorries bearing registration Nos. KL-10 Z 4272 and KL-56-4513. These vehicles have been detained from 8.9.2010 for the alleged violation of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and the relevant rules therein. Ext.P1 is the copy of the mahazar.

2.

The petitioner has filed Ext.P2 application seeking interim custody of the vehicles before the first respondent on 10.9.2010. Seeking for a direction to release the vehicles, this writ petition has been filed, as it is alleged that the respondents have not taken any action so far.

3.

Learned Govt. Pleader submitted that the matter is covered by the directions issued by a Full Bench of this Court in Shan C.T. v. State of Kerala and Ors. 2010 (3) KHC 333 (FB). Therein, the Bench has issued various directions with regard to the disposal of applications and the conditions to be specified by the authorities concerned.

4.

Therefore, there will be a direction to the first respondent to consider Ext.P2 application and pass appropriate orders in accordance with law and in terms of the directions issued by the Full Bench in Shan''s case 2010 (3) KHC 333 - FB, expeditiously and within the time provided by the Full Bench.

The writ petition is disposed of as above. No costs.