IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 38245 of 2007(C)
1. RIYAS BABU, S/O ABDULLAKUTTY,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE MAMPAD GRAMA PANCHAYAT,
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/01/2008
O R D E R
ANTONY DOMINIC, J.
=W.P.(C)=Nos. = = = = = = = = = = = = = = =
= = = = 38245, 38246 & 38248 OF 2007
= = = = = = = = = = = = = = = = = = = = =
Dated this the 1st January, 2008
J U D G M E N T
In these cases proceedings have been initiated against the
petitioners on the allegation that their respective vehicles have been
involved in unauthorised transportation of river sand. While the
matter is pending consideration of the District Collector in terms of
Rule 27 of the Kerala Protection of River Banks and Regulation of
Removal of Sand Rules 2002 these writ petitions have been filed
praying for release of the vehicles.
2. The relief sought for is on the basis that there has been
inordinate delay on the part of the District Collector concerned in
finalising the matter. Now that proceedings have to be finalised in
terms of Rule 27 of the Rules I do not think that an order directing
release of the vehicles at this stage is justified. The District
Collector being the statutory authority authorised in terms of Rule
27 of the Rules has to consider the rival contentions of the parties
WPC Nos. 38245, 38246 & 38248/07 -2-
and decide the matter on that basis.
3. This the District Collector shall do as expeditiously as
possible, at any rate within 10 days of production of a copy of this
judgment. Before final orders are passed the petitioners shall be
given notice.
ANTONY DOMINIC
JUDGE
jan/-