IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16618 of 2008(C) -------------------------- PETITIONER: ------------ C.L.JOSE, AGED 57 YEARS, S/O.LAZAR, CHATHRAMATH HOUSE, CHAVAKKAD P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. THAVANOOR GRAMA PANCHAYATH, THAVANOOR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 3. THE SUPERINTENDENT OF POLICE, COLLECTORATE, AYYANTHOLE, THRISSUR. 4. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. 5. TAHSILDAR, CHAVAKKAD TALUK, CHAVAKKAD, THRISSUR. 6. TAHSILDAR, THALAPPILLY TALUK, THRISSUR DISTRICT. 7. THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR, THRISSUR DISTRICT. 8. THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, CHAVAKKAD, THRISSUR DISTRICT. WP(C).No. 16618 of 2008 9. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, CHAVAKKAD TALUK, THRISSUR DISTRICT. 10. THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, THRISSUR DISTRICT. 11. THE SUB INSPECTOR OF POLICE, VATANAPPILLY POLICE STATION, CHAVAKKAD TALUK, THRISSUR DISTRICT. 12. THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.16618 OF 2008 ---------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT Relying on Ext.P5 judgment the petitioner seeks similar directions in this writ petition also. The petitioner has come with the allegation that despite possession of legally issued passes under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules, the vehicles carrying sand transported by the petitioner are being obstructed and seized by respondents 2 to 12 through whose jurisdiction the petitioner’s vehicles are to pass. 2. The learned Government Pleader submits that if the petitioner is able to satisfy the authorities concerned that the petitioner is in possession of the passes as prescribed under the Act and Rules, he will be permitted to transport the river sand without any obstruction. However, he insists that the officials are entitled to conduct proper verification of the passes. 3. After hearing both sides, I feel that a similar relief as W.P.(c)No.16618/08 2 in Ext.P5 judgment can be granted to the petitioner in this case also. Accordingly, if the sand transported by the petitioner is accompanied by valid passes as required under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules, the vehicle carrying river sand by the petitioner shall not be obstructed. But I make it abundantly clear that this order will not stand in the way of the respondents in inspecting the vehicles and verifying the authenticity of the petitioner’s claim and documents. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.16618/08 3