IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31162 of 2010(U)
1. SANDEEP, S/O.VELAYUDHAN, AGED 25 YEARS
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE SUB DIVISIONAL MAGISTRATE,
3. THE DIRECTOR, MINING AND GEOLOGY
4. THE GEOLOGIST, THRISSUR DISTRICT 680 020
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 31162 of 2010 U
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Dated this the 14th day of October, 2010
J U D G M E N T
Petitioner is the registered owner of a mini lorry
bearing registration No.KL-07-Q-4804. On 14-07-2010, the
lorry was seized by the first respondent on the allegation that
the vehicle was used for the unauthorised transportation of
river sand. Case of the petitioner is that it was not river sand
but, it was only matti sand and, therefore, the provisions of
the Kerala Protection of River Banks and Regulation of
Removal of Sand Mining Act, 2001 are inapplicable. On that
basis, petitioner made an application for sending the sample
of the sand for analysis by the Geologist. In this writ petition,
the prayer sought is for a direction to get the sample
analysed by the Geologist.
2. In my view, it is a matter which the petitioner will
have to urge before the second respondent during the course
of the adjudication.
WPC.31162/10
: 2 :
Therefore, leaving it open to the petitioner to seek orders
on his request during the course of the adjudication, this writ
petition is disposed of.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge