IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 14033 of 2009(Y) -------------------------- PETITIONER(S): --------------- ABDUL MANAF, S/O.JAMALUDHEEN, AGED 29 YEARS, DRIVER, PULLERAKATH, AZHEEKODE PO, KODUNGALLUR TALUK, THRISSUR DISTRICT. (OWNER OF A MINI LORRY BEARING REGISTRATION NO. (KL-07-AZ-4495). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, MATHILAKKOM POLICE STATION. GOVT.PLEADER SRI.P.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J -------------------------------------------- W.P.(C).14033 of 2009 -------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT The petitioner is the registered owner of a Mini Lorry bearing registration No.KL-07- AZ-4495, which was seized on the allegation that it was being used for illegal transportation of sand by the 2nd respondent. The petitioner submits that the transportation was done with a valid pass issued to him. 2. First respondent is the competent authority to pass final orders in terms of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002, and the Rules framed thereunder. The petitioner has sought for the release of the vehicle as per Ext.P1. Having heard learned Government Pleader also, writ petition is disposed of directing the first respondent to pass orders in the matter of seizure and confiscation of vehicle belonging to the petitioner bearing registration No.KL-07-AZ-4495, in terms of the W.P.(C).14033 of 2009 :: 2 :: provisions of Section 23 of the Act and Rule 27(3) of the Rules, keeping in mind the principles laid down in the decision reported in Subramanian v. State of Kerala {2007(1) KLT 77}, within a period of four weeks from the date of receipt of a copy of this judgment. The District Collector shall consider the contention of the petitioner whether the transportation was covered by a pass issued in that behalf. Sd/- (V.GIRI) Judge sk/- //true copy// P.S. to Judge