IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37718 of 2008(M)
1. JOMON ABRAHAM, S/O.KORA ABRAHAM,AGED 31
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KOTTAYAM.
... Respondent
2. THE TAHSILDAR, MEENACHIL TALUK, KOTTAYAM
3. THE INSPECTOR OF POLICE, KIDANGOOR
4. THE DISTRICT GEOLOGIST, KOTTAYAM.
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/12/2008
O R D E R
S.SIRI JAGAN, J
- - - - - - - - - - - - - - - - - - - - - - -
W.P(C)No. 37718 of 2008
- - - - - - - - - - - - - - - - - - - - - - -
Dated this the 19th day of December, 2008.
J U D G M E N T
The petitioner is aggrieved by the seizure of his vehicle on allegation
of illegal transaction of river sand. The petitioner seeks interim custody of
the vehicle pending further proceedings in the matter. I am not inclined to
grant the prayer at the present stage. However, having seized the vehicle
the 1st respondent has a duty to pass final orders in the matter as provided
under the Kerala Protection of River Banks and Regulation of Sand Mining
Act and Rules.
2. In the above circumstances, this writ petition is disposed of with
the following directions:
The 1st respondent shall pass final orders in the matter, as
expeditiously as possible, at any rate, within seven days from date of
receipt of a certified copy of this judgment, after affording an opportunity of
being heard to the petitioner. The petitioner shall personally produce the
certified copy of this judgment before the 1st respondent who shall hear the
petitioner on that day or on any adjourned date within seven days and pass
final orders also within the said period.
S.SIRI JAGAN, JUDGE
rhs