IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 W.P.(C).No. 5612 of 2008(R) -------------------------------- PETITIONER: -------------- ALI V.M., S/O.MOHAMMED, VANIYAKKATHU HOUSE, THANDEKKADU, VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PERUMBAVOOR. 3. VAZHAKKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VAZHAKKULAM, ERNAKULAM DISTRICT. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5612 OF 2008 R ==================== Dated this the 22ndday of February, 2008 J U D G M E N T The complaint in this writ petition is that despite Ext.P2 order passed by the District Collector exercising his power under Rule 27 of the Protection of River Banks and Regulation of Removal of Sand Rules, 2002, the 2nd respondent is not releasing the vehicle belonging to the petitioner. It is true that by Ext.P2 order, the District Collector has directed release of the vehicle. 2. On instructions, learned Government pleader submits that the vehicle in question was seized at 12.30 P.M. On 31.01.2008 when there was no pass to legitimize the transport of river sand. It is stated that much later, petitioner produced a pass before the District Collector, which was issued at 12.40 P.M. On 31.01.2008 with the timing of 12.45 P.M specified for leaving the kadavu. It was acting upon the pass so produced, District Collector issued Ext.P2. Noticing the contradictions involved, the WPC 5612/08 :2 : 2nd respondent reported the matter to the District Collector, and the learned Government Pleader informs me that the District Collector has already initiated proceedings for reviewing the proceedings that led to Ext.P2 order. In view of the above, at this stage, petitioner cannot seek release of the truck. Therefore recording the aforesaid submissions of the learned Government Pleader, I close this writ petition leaving it open to the petitioner to challenge the proceedings that are initiated against him, if he is so advised. ANTONY DOMINIC, JUDGE Rp