IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5663 of 2008(Y) ------------------------- PETITIONER: ------------ P.GOPALAN, S/O.KOCHI, EAZHUVATHURUTHY AMSOM, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. VILLAGE OFFICER, PONNANI TOWN (SQUAD LEADER), PONNANI. 2. THE SUB INSPECTOR OF POLICE, PONNANI. 3. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5663 of 2008 ------------------------------------- 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/-