IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 37995 of 2007(W) -------------------------- PETITIONER: -------------- MRS.A.MYLATHAL, W/O.MUTHUKUMAR SWAMI, 8/539, SANTHALINGA NAGAR, OZHALAPATHI, KOZHINJAMPARA, CHITTOOR, PALAKKAD. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR, TALUK OFFICE, CHITTOOR, PALAKKAD. 4. SUB INSPECTOR OF POLICE, POLICE STATION, CHITTOOR, PALAKKAD. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 37995 OF 2007 W ===================== Dated this the 4th day of January, 2008 J U D G M E N T Petitioner submits that a Mini Open Tipper Lorry belonging to the petitioner has been sized by the 4th respondent on the allegation that it was engaged in the unauthorised transportation of river sand. Although in Ext.P3 FIR, the allegation is in regard to violation of the provisions contained under the MMDR Act, 1957, the contents of the mahazar would indicate that the allegation is in respect of transportation of river sand. It is also the case of the petitioner that the proceedings are now pending before the 2nd respondent, the District Collector, in terms of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act and the Rules. 2. If as a matter of fact the proceedings are now pending before the 2nd respondent under the Protection of River Banks WPC 37995/07 :2 : and Regulation of Removal of Sand Rules, it is for the District Collector to pass orders in terms of Rule 27 thereof. This the District Collector shall do, as expeditiously as possible, at any rate within the time frame fixed in the said rules. 3. Therefore, I dispose of this writ petition directing that if the proceedings are pending before the District Collector in respect of the Tipper lorry bearing registration No.KL.09/R 5299, the District Collector shall pass orders in terms of Rule 27 of the rules with notice to the petitioner, as expeditiously as possible, at any rate within ten days of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. Rp