IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 30832 of 2009(Y) --------------------------------------- PETITIONER(S): ---------------------- A. NANDAKUMAR, AGED 27 YEARS S/O. K. ARUCHAMI, 3/105, VADACHITTOOR VVADACHITTOOR PO, COIMBATORE DIST , T.N. PIN- 641 202. BY ADV. MR.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, KASBA POLICE STATION, PUDUSSERY, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30832 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of October, 2009. JUDGMENT 1.The petitioner complains that a few truck loads of M-sand belonging to him were detained by the police in the check post. He seeks release of lorry loads. He states that there is a complete standstill of the administrative procedure. 2.If the material being transported is river sand, that may have to be dealt with in accordance with the appropriate law, having regard to the prohibition of movement of river sand. But, that matter has to gain the immediate attention of the District Collector. If the material is not river sand but only M-sand, that has to be handed over without further insisting that it may be river sand. Certainty in administrative procedure is a core angle on which rights of citizens would WPC30416/09 -: 2 :- stand protected. There cannot also be any delay in such matters. For the aforesaid reasons, this writ petition is ordered directing that on production of a copy of this judgment, the first respondent will ensure that the competent authority in the Geology Department, having jurisdiction over the area, is contacted with a request to immediately ascertain the type of sand that is loaded in the lorries and thereafter, act upon in the light of what is aforesaid. This exercise shall be carried out within one week from the date of receipt of a copy of this judgment. All other issues on merits are left open. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/141109