IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 5203 of 2008(T) ------------------------------------- PETITIONER: ------------------ SHAJU E.D., AGED 42 YEARS, S/O. DEVASSY, EDASSERY HOUSE, PALAYAPARAMBU, KADUKUTTY, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. REVENUE DIVISIONAL OFFICER, THRISSUR. 3. SUB INSPECTOR OF POLICE, MALA POLICE STATION. 4. TAHSILDAR, MUKUNDAPURAM TALUK, IRINJALAKUDA. 5. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR. BY GOVERNMENT PLEADER SRI.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5203/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE BUILDING PLAN APPROVED BY THE CHALAKUDY MUNICIPALITY. EXT.P2:- COPY OF THE BOOK CONTAINING THE NECESSARY PASSES, RELATING TO THE SAND PURCHASED BY THE PETITIONER. EXT.P3:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER DT. 11.2.08 EXT.P4:- COPY OF THE COMPOUNDING PETITION FILED BY THE PETITIONER DT. 11.2.08. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5203 of 2008 ------------------------------------- Dated: MARCH 17, 2008 JUDGMENT The prayer in this writ petition is to direct the respondents to accept Ext.P4 application and pass orders of compounding in terms of sec.23(A) of the Mines and Minerals (Development and Regulation) Act, 1957 . There is a further prayer to direct the 3rd respondent not to proceed with the auction sale of the sand seized from the petitioner. 2. Today, on instructions, the learned Government Pleader has submitted that about 250 truck loads of river sand was seized from the petitioner in respect of which Crime No.63/2008 of Mala Police Station has been registered for violation of the provisions contained in the Mines and Minerals (Development and Regulation) Act. It is also stated by the Government Pleader that the Judicial Magistrate of First Class, Chalakkudy has issued orders directing the Sub Inspector of Police, Mala to sell the sand seized in public auction as per the rules and remit the sale proceeds before the WP(C) 5203/08 Page numbers court. A copy of the memo so issued by the court has also been made available before me for perusal. 3. In view of the above, if the Sub Inspector of Police is proceeding to sell the sand in question, it is only pursuant to the order passed by the court and therefore it cannot be said to be an unauthorised auction. In such situation, it will not be proper for this court to continue the status quo ordered on this writ petition on 13th February, 2008. Accordingly the said order is vacated. 4. In the light of the above, the writ petition is disposed of leaving it open to the petitioner to pursue his remedy against the order passed by the Judicial Magistrate of First Class, Chalakkudy. 5. Petitioner now complains that he has not been issued a copy of the order issued by the learned Magistrate referred to above. If that be so, the petitioner can approach the Sub Inspector of Police, Mala on the strength of this judgment, in which case, the Sub Inspector shall make available a copy of the order to the petitioner. ANTONY DOMINIC, JUDGE mt/-