IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5663 of 2008(Y)
1. P.GOPALAN, S/O.KOCHI,
... Petitioner
Vs
1. VILLAGE OFFICER, PONNANI TOWN
... Respondent
2. THE SUB INSPECTOR OF POLICE, PONNANI.
3. THE REVENUE DIVISIONAL OFFICER,
4. THE DISTRICT COLLECTOR, MALAPPURAM.
5. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 5663 of 2008
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Dated: February 18, 2008
JUDGMENT
The petitioner contends that a tipper lorry bearing registration
No.KL-10-U 7858 was seized by the 1st respondent on 6.2.2008
and that proceedings have been initiated on the basis that it was
unauthorisedly carrying river sand. Ext.P1 is the mahazar.
Petitioner submits that thereafter final orders were not passed and
therefore he filed Ext.P2 application requesting for release of the
vehicle. Complaining that even thereafter there has not been any
progress in the matter, this writ petition has been filed and the
petitioner prays for an order for releasing the vehicle.
2. Since the proceedings have been initiated under the
Protection of River Banks and Regulation of Removal of Sand Act and
Rules, 2002, the matter has to be dealt with by the 4th respondent
exercising the powers under Rule 27 of the aforesaid Rules. Since
the statutory authority has to pass orders as indicated above, I do
not think it proper for this court to interfere with this matter at this
stage and issue a direction as sought for by the petitioner.
WP(C) 5663/08
Page numbers
Therefore I dispose of this writ petition directing that on
production of a copy of this judgment, the 4th respondent shall pass
final orders in relation to the tipper lorry mentioned above as
expeditiously as possible, at any rate, within ten days thereof.
ANTONY DOMINIC, JUDGE
mt/-