IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22479 of 2011(H) -------------------------- PETITIONER(S): ----------------------- 1. BALASEKHAR, S/O.R.SOMASUNDARAM, AGED 47 YEARS, VANIYAR STREET, KOZHINJAMPARA, PALAKKAD DISTRICT. 2. KARTHIKEYAN, S/O.BALASUBRAMANIAN, 6/97, CHETTIYARTHOTTAM, RANGASAMUDRAM, PALLADAM TALUK, TIRUPUR, TAMIL NADU. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN, ERNAKULAM DISTRICT-682001. 2. THE SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM DISTRICT-683101. 3. THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT-683101. SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22479/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE LETTER DATED 23.6.11 OF THE Government OF KERALA. EXT.P2: TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE NO.TN 33 AL 5303. EXT.P3: TRUE COPY OF THE NATIONAL PERMIT FOR VEHICLE NO.TN 33 AL 5303. EXT.P4: TRUE COPY OF THE INVOICES AND DELIVERY NOTE. EXT.P5: TRUE COPY OF THE F.I.R. IN CRIME NO.2179/11 OF THE ALUVA POLICE STATION. EXT.P6: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE APPLICATION DATED 16.8.11 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22479 OF 2011 ===================== Dated this the 18th day of August, 2011 J U D G M E N T 2nd petitioner submits that he is the registered owner of a national permit lorry bearing Reg.No.TN 33-AL-5303. According to the 1st petitioner, by Ext.P1 he was informed by the Government that legitimate import of sand from Tamilnadu is permissible. It is stated that on the strength of Ext.P4, 1st petitioner brought a truck load of sand from Tamilnadu, which was seized by the 3rd respondent and Ext.P5 is the FIR registered alleging violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is stated that they applied for release of the vehicle and that inspite of it, vehicle is still kept under detention. It is seen that coming to know that the matter is pending consideration of the 1st respondent, 1st petitioner has also made Ext.P7 request for interim custody of the vehicle. On that application also, orders have not been passed. Hence the writ petition. 2. Learned Government Pleader points out that the truck did not carry any statutory permits enabling import of the sand WPC No. 22479/11 :2 : from Tamil Nadu and it was therefore that the vehicle was seized. 3. As already seen, proceedings that are launched against the petitioners are under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the 1st respondent is the competent authority to adjudicate the issue. Therefore, in the light of the factual controversies involved, I leave it open to the 1st respondent to complete the adjudication with notice to the parties concerned and as expeditiously as possible, at any rate within four weeks from today. 4. In the meanwhile, no useful purpose will be served in keeping the vehicle under detention. If sufficient safeguards are provided, the vehicle will be released to the registered owner. Therefore I direct the 1st respondent to pass orders on Ext.P7. This shall be done at any rate within 7 days of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp