IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21259 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. JOHN XAVIER, S/O.SHEVARIAR ADIMAI, AGED 36 YEARS, MELECHEMBARATHI VILAI VEEDU, VAVERI, S.T.MANGAD P.O., KANYAKUMARI DISTRICT, TAMILNADU. 2. L.KRISHNAN, S/O.LAKSHMANA, PATHIRIPALLIVILA, UNNAMALAKADAI P.O., KANYAKUMARI DISTRICT, TAMILNADU. 3. MANIKANDAN R., S/O.RAJAIYYAN, R.V.VILLA, MADADTHUVILAI, KUZHITHARAI P.O., KANYAKUMARI DISTRICT, TAMILNADU. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARGODE, PIN-671121. 2. THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION, KASARGODE DISTRICT, PIN-671323. GP SRI.M.H. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21259 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE COMPLAINT GIVEN BY SELVARAJ BEFORE THE DY.S.P. KASARGODE DATED 31.7.2011 EXT.P2- TRUE COPY OF THE GOVERNMENT ORDER AS G.O.(M.S.).NO.161/09/ID OF THE CHIEF SECRETARY, GOVERNMENT OF KERALA DATED 14.12.2009 (True copy) P.A. To Judge P.R.RAMACHANDRA MENON, J .......................................... W.P.(C). 21259/2011 .......................................... Dated this the 4th day of August, 2011 JUDGMENT Petitioners have approached this Court stating that the vehicles bearing Nos.TN-75/4360, TN-75E/5386 and TN- 74U/6593 belonging to them have been seized by the second respondent alleging illegal transportation of river sand. It is contended that the petitioners were transporting river sand from the State of Karnataka on the strength of proper documents, for which there cannot be any hurdle and that the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is not applicable to such transaction. 2. Heard the learned Government Pleader as well. 3. The learned counsel for the petitioners submits that transportation was being effected by the petitioners on the basis of valid documents including bills issued by the concerned vendors in the State of Karnataka and it was in the course of transit, (when the vehicles were parked on 30.7.2011 loaded with sand), that they were taken into custody at about 6.00 am. In W.P.(C).21259/11 2 spite of showing all the documents, the second respondent did not pay any heed to the same and the vehicles were seized along with the documents. In the said circumstances, one of the petitioners preferred a complaint before the DYSP, Kasargode, (who is not party to the present proceedings), as borne by Ext.P1. The prayer is to direct the respondents to release the vehicles to the petitioners forthwith, for the reason that the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is not applicable to the case on hand. 4. The learned Government Pleader vehemently opposes the relief sought for. It is brought to the notice of this Court by the Government Pleader that the idea and understanding of the petitioners is quite wrong and misconceived and that, valid passes are necessary for transportation of 'river sand'. It is further pointed out that there is already a 'ban' with regard to transportation of river sand as issued by the State of Karnataka. 5. It is to be noted that, absolutely no document has been produced by the petitioners before this Court in support of their claim, but for the bold allegation that the documents were also W.P.(C).21259/11 3 seized by the second respondent, necessitating Ext.P1 complaint. This Court finds it difficult to accept the version of the petitioners. There is no merit or bonafides in the writ petition. In the said circumstances, interference is declined and the writ petition is dismissed. P.R.RAMACHANDRA MENON, Judge mrcs