IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 433 of 2011(D) ------------------------ PETITIONER --------------- NOUSHAD,S/O.SIDDIQUE,KOTTAPURATH HOUSE, KALLURUTTY,THIRUVALI, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA,REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM,PIN 695 001. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN 679 322. 3. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, AREACODE, MALAPPURAM DISTRICT , PIN 673 639. BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 433 OF 2011 ......................................................................... Dated this the 24th March , 2011 J U D G M E N T The petitioner is challenging Ext. P1 order passed by the second respondent, with reference to the alleged offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001/Rules, simultaneously challenging relevant provisions of the aforesaid Act/Rules as well. The validity of the Act/Rules/Ordinance has already been upheld by this Court as per the common judgment dated 14.03.2011 in W.A.No.3005 of 2007 and connected cases. 2. In the above circumstances, the challenge against the provisions of law fails. However, in view of the fact that the petitioner is having an alternate effective remedy by way of Revision against Ext. P1 before the District Collector as provided under the relevant provisions of the Ordinance No.38 of 2010, (which came into operation from 14.06.2010) and further since W.P.(C) No. 433 OF 2011 2 this Court has already passed an interim order on 11.01.2011, the petitioner is permitted to avail the statutory remedy by filing a Revision Petition against Ext. P1. If the same is done within 'one week' from the date of receipt of a copy of this judgment, the same shall be considered and appropriate orders shall be passed on merits, in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk