Petitioner's vehicle bearing registration No.KL-7-AK-4497 has been seized alleging transportation of river sand without permit. Petitioner submits that the vehicle was empty at the time of seizure and seeks release of the vehicle. Petitioner has an alternative remedy before the competent jurisdictional magistrate under Sec.23A of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001.
In view of the above, there shall be a direction to the second respondent to report seizure of the vehicle before the competent jurisdictional magistrate within three days from the date of receipt of a copy of this judgment. If the petitioner moves an application for interim custody of the vehicle before the competent jurisdictional magistrate, competent jurisdictional magistrate shall consider such application within ten days from the date of moving such application. The first respondent shall finalise the confiscation proceedings within two months after affording an opportunity of hearing to the petitioner.
The Writ Petition is disposed of as above.
Sbna/16/10/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.