Petitioner's country boat had been seized by the 1st respondent alleging violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, the country boat was not involved in the alleged violation. 2. Whatever be the contention of the petitioner might be, the competent authority to decide the issue is the Revenue Divisional Officer. Petitioner will have to approach the Revenue Divisional Officer and seek interim custody of the said country boat.
3. This court has already permitted release of the vehicles involved in such violations by receiving cash deposit of 30% and security for the balance 70% for the value of the vehicle. The W.P.(C) No.15666/2014 2 same principle will apply to country boats as well following the judgment in C.T.Shan Vs State of Kerala (2010(3) KLT 413 (FB). In the said circumstance, the Writ Petition is disposed of as under.
Petitioner shall submit necessary application before the second respondent who shall consider the same and pass appropriate orders for interim custody of the country boat in the light of the judgment in C.T. Shan Vs. State of Kerala.
A.M.SHAFFIQUE, JUDGE vdv