IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 855 of 2009()
1. MOHAMMED SALIM,S/O.KUNJUMUHAMMED,
... Petitioner
Vs
1. ADDL.TAHSILDAR, TALUK OFFICE,
... Respondent
2. DISTRICT COLLECTOR,MALAPPURAM.
3. SUB INSPECTOR OF POLICE, PONNANI.
4. SECRETARY,TAVANOOR GRAMA PANCHAYAT,
For Petitioner :SRI.T.V.GEORGE
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :08/04/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A.No. 855 of 2009
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Dated, this the 8th day of April, 2009
JUDGMENT
S.R.Bannurmath, C.J.
Initiation of action under the provisions of the Kerala
River Banks Protection and Regulation of Removal of Sand Act is
challenged in the writ petition. The learned Single Judge
considering the disputed questions was of the view that, as it is
open for the appellant to make out all the grounds he has raised in
the writ petition before the District Collector, the writ petition was
devoid of merits.
2. After hearing the learned counsel for the appellant, we
too find that this Court cannot go into the disputed questions of
facts which are urged in the writ petition and the writ appeal.
Hence, we find no error on the part of the learned Single Judge in
directing the appellant/petitioner to approach the second respondent
District Collector, Malappuram. Since the time granted by the
W.A. No.855 of 2009
– 2 –
learned Single Judge has expired we direct the appellant to be
present before the second respondent at 3 P.M. on 13.4.2009 and
make out all his contentions, in which event, the second
respondent shall pass final orders within a week thereafter.
With these observations, the writ appeal stands
disposed of.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns