IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 W.P.(C).No. 24822 of 2008(S) ------------------------------------- PETITIONER: ------------------- HARIDAS G., AGED 32 YEARS, S/O GOVINDA MANNADIAR HARI NIVAS, THOTTIPADAM, VATTEKKAD POST, KOLLENGODE, PALAKKAD DISTRICT 678 506. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: ----------------------- 1. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM,. 2. SECRETARY TO GOVERNMENT TAXES DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE DEPUTY COMMISSIONER OF SALES TAX, PALAKKAD. 5. THE SUPERINTENDENT OF POLICE, PALAKKAD. BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24822 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August 2008 JUDGMENT H.L.DATTU, C.J. Petitioner is a resident of Elavancherry Panchayat. 2. In the writ petition filed in the style of public interest litigation, petitioner complains that there is illegal transportation of sand from Tamil Nadu without paying taxes due to the State and also without paying royalty to the State Government. 3. In our view, if, for any reason, for the transportation of sand from Tamil Nadu, the dealers are not paying taxes due to the State, the Check Post authorities would definitely detain the vehicles for non payment of taxes due to the State. If there is any lethargic attitude on the part of the Check Post authorities, petitioner, instead of coming to this court, has to approach the Commissioner of Commercial Taxes for redressal of this grievance. In spite of his representation if nothing is done by the concerned authorities, as a last resort he has to approach this court for appropriate reliefs.. 4. In so far as the allegation made by the petitioner, that, the sand is being transported from Tamil Nadu to the State of Kerala without paying W.P.(C)No.24822 OF 2008 :: 2 :: royalty to the State, in our opinion, it requires to be noticed only to be rejected. In that view of the matter, we decline to entertain this writ petition and accordingly it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes