IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19804 of 2008(G)
1. E.K.ANTHONY, AGED 40 YEARS,
... Petitioner
Vs
1. THAVANOOR GRAMA PANCHAYATH, THAVANOOR PO
... Respondent
2. THE DISTRICT COLLECTOR, COLLECTORATE,
3. THE DISTRICT COLLECTOR, COLLECTORATE,
4. THE SUPERINTENDENT OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :01/07/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.19804 OF 2008
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Dated this the 1st day of July, 2008
JUDGMENT
The petitioner’s vehicle has been seized on allegation of
illegal transportation of river sand. The petitioner submits that
the sand in question was accompanied by all required permits
and passes and therefore the seizure is totally illegal. The
petitioner also relies on the documents produced in support of his
contentions. The petitioner therefore seeks the following reliefs:
“i) Call for the records leading upto Ext.P6 and
quash Ext.P6 with the issue of a writ of Certiorari or
other appropriate writ, order or direction,
ii) Issue a writ of mandamus or other
appropriate writ, order or direction directing the
respondents to permit the petitioner to transport the
river sand to the place mentioned in permit so issued
under “Kerala Protection of River Banks and Regulations
of Sand Act 2001 and Rules, 2002 without any kind of
obstruction or hindrance from him;
ii) issue a writ of mandamus or other
appropriate writ, order or direction, directing the
respondents 1 & 2 to eliminate and reduce the long
delay and high procedural formalities in issuing river
sand permit contemplated under Rule 29(1) (C), (d), (e)
and (f) of the Rules, while the river sand permit issued
by local authority u/R 29(1)(a) is in force.”
W.P.(c)No.19804/08 2
2. I have heard the learned Government Pleader also.
I am of opinion that these are all matters which the District
Collector has to consider while passing final orders in the
matter.
In the above circumstances, this writ petition is disposed
of directing the 3rd respondent to pass final orders pursuant to
the seizure, complained of in this writ petition, as expeditiously
as possible at any rate, within a period of seven days from the
date of receipt of a copy of this judgment. The petitioner shall
personally handover a certified copy of this judgment to the 3rd
respondent, who shall hear the petitioner on the date when the
certified copy is presented or on another day, so that the
orders can be passed within seven days.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.19804/08 3