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2025 Supreme(Online)(Ker) 53095

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
FATHIMATH RAFEEZA – Appellant
Versus
SUB DIVISIONAL MAGISTRATE SDM KANHANGAD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.K.SUBHASH, SMT.JENI JOHN
For the Respondents: None listed

JUDGMENT

The grievance of the petitioner in this Writ Petition is that her vehicle, bearing registration no.KA O7 B 5413, was seized way back on 20.01.2024, alleging violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act . The grievance of the petitioner is that the vehicle has not been released so far. Learned Government Pleader would submit that the vehicle can be released, upon execution of a bond. The delay occurred only because of the confiscation proceedings, and also due to the delay in obtaining a report from the chemical lab, as regards the nature of the sand.

2. In the circumstances, this Writ Petition is disposed of, directing the first respondent/Sub Divisional Magistrate to release the petitioner's vehicle, upon execution of proper bond, in accordance with law, expeditiously, at any rate, within a period of one week from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the first respondent/Sub Divisional Magistrate, for compliance.

The Writ Petition (Civil) will stand disposed of, as above.

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