IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26882 of 2011(I) -------------------------- PETITIONER: ----------------- THE SOUTH MALABAR MANAL MARKETING & PROCESSING CO-OPERATIVE SOCEITY LTD. REG. NO.M 846, NARIPPARAMP PO, PONNANI TALUK, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, MR.NISHAR. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM, MALAPPURAM DISTRICT 676 505 2. THE TAHSILDAR, PONNANI TALUK OFFICE, PONNANI PO, MALAPPURAM DISTRICT 679577 3. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MANJERI PO, MALAPPURAM DISTRICT 676121. BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 26882 of 2011(I) --------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- XT.P1. COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER SOCIETY DATED 15.07.2011 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. EXT.P2. COPY OF THE DALERS LI CENSE DATED 03.08.2011 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER SOCEITY. EXT.P3. COPY OF THE REGISTER IN FORM 'N' SIGNED AND SEALED BY THE MINERAL REVENUE INSPECTOR OF THE THIRD RESPONDENT DATED 4.10.2011. EXT.P4. COPY OF THE REGISTER MAINTAINED BY THE PETITIONER IN FORM 'M' SIGNED AND SEALED BY THE MINERAL REVENUE INSPECTOR AS ON 4.10.2011. EXT.P5. COPY OF THE MASS REPRESENTATION DATED 9.10.2011 PROUCED BEFORE THE FIRST AND SECOND RESPONDENTS. EXT.P7. COPY OF THE JUDGMENT DATED 8.8.2011 IN WRIT PETITION (CIVIL) NO.30683 OF 2010 PASSED BY THIS HONOURABLE COURT. RESPONENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C).26882/2011 .............................................. Dated this the 12th day of October, 2011 JUDGMENT The grievance of the petitioner is primarily against Ext.P5, a memo issued by the second respondent, who is also the Executive Magistrate, exercising his power under Section 133 of the Cr.P.C and also the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, preventing the petitioner from storing and selling sand in the premises which according to the petitioner, is licenced as per Ext.P2. The case of the petitioner is that Ext.P5 has been issued on the presumption that they were storing and selling sand unauthorisedly whereas it was a legitimate activity in view of the licence granted to them. 2. Irrespective of the nature of the controversy raised, fact remains that in Ext.P5 itself it is provided that it was open to the petitioner to have filed their objections against the preventive order issued. Therefore, I direct that it will be open to the petitioner to file their objections against Ext.P5 before the second respondent. It is directed that if any such objection is filed within one week from today, the second respondent will issue notice to W.P.(C).26882/11 2 the petitioner, here them and pass orders duly adverting to the documents produced by the petitioner. It is clarified that it will be open to the second respondent to seek the views of the third respondent also in this matter. 3. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs