----------------------- The petitioner's vehicle has been seized alleging contravention of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, the seized vehicle was not used for transportation of river sand. The petitioner has submitted an application before the 2nd respondent to send the sample of sand for analysis by Director of Mining and Geology.
2. In view of the above, there shall be a direction to the 2nd respondent to send the sample for analysis by the Director of Mining and Geology within a period of one week from the date of receipt of a copy of this judgment. Thereafter the Director of Mining and Geology shall send the analysis report within a period of two weeks. Based on the report, the 2nd respondent shall conclude the proceedings within a further period of three weeks.
3. It is open for the petitioner to move the competent jurisdictional Magistrate for the interim custody of the vehicle W.P.(C).No.29563 of 2014 2 under Section 23 A of the Kerala Protection of River Banks and Regulations of Removal of Sand Act. In view of the above, the 1st respondent shall report the seizure of the vehicle before the competent jurisdictional Magistrate within a period of three weeks.
4. If the petitioner makes an application before the competent jurisdictional Magistrate for the interim custody of the vehicle, the Magistrate shall consider the application of the petitioner within a period of ten days from the date of moving such application The writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE jm/