Petitioner's vehicle bearing registration No.KL-59-F-47 MGV Tipper has been seized alleging transportation of river sand without permit under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 (for short, “the Act”). Petitioner seeks release of the vehicle.
2. Petitioner has an alternate remedy before the competent jurisdictional magistrate under Sec.23A of the Act. Therefore, the third respondent is directed 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, the application shall be considered by the competent jurisdictional magistrate within ten days. The Revenue Divisional Officer, Thalassery shall finalise the proceedings for confiscation within a period of two months after affording an opportunity of being heard to the petitioner.
The Writ Petition is disposed of as above.
Sd/-
Sbna/09/10/14 A.MUHAMED MUSTAQUE, JUDGE.