IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 10243 of 2008(T) ---------------------------------------- PETITIONER: -------------------- SIJU CHERIAN, S/O. CHERIAN, AGED 25 YEARS, THAYYIL HOUSE, KUMARAKOM, KOTTAYAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: -------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE ADDITIONAL TAHSILDAR, KOTTAYAM. 3. SUB INSPECTOR OF POLICE, KUMARAKOM, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, AYMANAM, KOTTAYAM DISTRICT. 5. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOTTAYAM. BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/208, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10243/2008 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PASS ISSUED ISSUED IN FAVOUR OF THE PETITIONER ON 29/01/2008. EXT.P2: COPY OF THE MAHZAR DTD. 29/01/2008 PREPARED AT THE TIME OF SEIZER OF THE VEHICLE. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DTD.02/02/2008. EXT.P4: COPY OF THE JUDGMENT DTD. 29/02/2008 IN WP(C)NO. 7133 OF 2008 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P5: COPY OF THE ORDER DTD. 13/03/2008 OF THE 1ST RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 07/03/2008 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE REPORT DTD. 31/01/2008 OF THE TAHSILDAR, KOTTAYAM, TO THE 1ST RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION DTD. 19/03/2008 FROM THE OFFICE OF THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 10243 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 30, 2008 JUDGMENT The writ petition has been filed challenging Ext.P5 initiating proceedings on the allegation that the petitioner has transported river sand in his truck bearing registration No.KL5X-5275 in violation of the provisions contained under the Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. 2. Petitioner now submits that Ext.P9 report has been made by the Geologist, after analysis of the sand seized from the lorry mentioned above, reporting that the sand is not river sand, but is land sand. If that be so, in view of the report, the petitioner cannot be proceeded against in pursuance to Ext.P5 or the mahazar which was prepared. Therefore, further proceedings pursuant to Ext.P5 deserves to be dropped and Ext.P5 deserves to be WP(C) 10243/08 2 set aside. 3. Accordingly Ext.P5, to the extent it concerns truck No. KL5X-5275 of the petitioner, will stand set aside and it is ordered that the truck will be released to the petitioner. 4. It is clarified that in view of the disposal of the writ petition there is no requirement for complying with the terms of the interim order dated 26th March 2008 and any deposit made by the petitioner in pursuance thereto will be released to him. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Issue copy today itself. mt/-