IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 13139 of 2010(N) -------------------------- PETITIONER: --------------- EJAS ASLAM, VADAKKEKANNARAPPILLY, AROOKUTTY P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRSENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD. BY GOVT.PLEADER SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13139 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010. JUDGMENT The petitioner is the registered owner of a mini tipper lorry bearing registration No.KL-04/U 426. It is submitted that the petitioner's vehicle has been seized by the Asst. Commissioner of Police, Kochi on 3.3.2010 alleging illegal transportation of river sand. Later, the vehicle was handed over to the second respondent and thereafter the third respondent has filed a report before the second respondent. The allegation is that the petitioner's vehicle was used for transporting river sand without authority. It is averred in the writ petition that the petitioner submitted an application to the second respondent District Collector for releasing the vehicle after verifying the documents. The petitioner has produced all the relevant documents before the second respondent. Ext.P2 is the application submitted by the petitioner. Since no action was taken in the matter, the petitioner submitted another application praying for an early disposal of the proceedings. 2. It is the case of the petitioner that the sand involved in the offence is not river sand and it was only ordinary sand for which no proceedings can be taken against the petitioner. The petitioner is also in possession of wpc13139 /2010 2 valid pass issued by the Geologist. Ext.P4 is the copy of the same. The petitioner is aggrieved by the inaction on the part of the second respondent in considering the applications. 3. Heard learned Govt. Pleader also. 4. There will be a direction to the second respondent to pass final orders on the proceedings pending against the petitioner, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. Ext.P4 pass issued by the Geologist will also be considered while passing orders in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/