IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 24711 of 2011(L) --------------------------------- PETITIONER(S): ------------------- K.FAISAL,5/170,KANIYATTAYIL, P.O.PERUMPUNNA,PERAVOOR,THALASSERY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR,KASARAGOD, PIN-671121. 2. THE REVENUE DIVISIONAL OFFICER, KASARAGOD-671121. 3. THE SUB INSPECTOR OF POLICE, MANJESWARAM-671323. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2011, ALONG WITH WPC. NO.24716/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 24711/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE. P2: COPY OF THE AUTHORIZATION CERTIFICATE OF THE NATIONAL PERMIT. P3: COPY OF THE BILL DATED 11/09/2011 ISSUED BY THE DEALER. P4: COPY OF THE RECEIPT DATED 04/09/2011. P5: COPY OF THE TAX RECEIPT DATED 04/09/2011 EVIDENCING THE PAYMENT OF TAX. P6: COPY OF THE CERTIFICATE OF REGISTRATION NO.32130530324 C DATED 26/05/2010. P7: COPY OF THE CIRCULAR DATED 11/11/2010 ISSUED BY THE GOVERNMENT. P8: COPY OF THE JUDGMENT IN WRIT APPEAL NO.1206/2011 DATED 16/08/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J .......................................... W.P.(C)s.24711 & 24716/2011 .......................................... Dated this the 19th day of September, 2011 JUDGMENT Petitioners in these writ petitions are owners of lorries bearing registration Nos.KL 58/4527, KA-19/B-6691, KA- 21/9553, KL-11/W-3791 and KL-13/N-176. According to them after complying with all statutory formalities, they procured river sand from Karnataka State. It is stated that after paying tax at the check post, the vehicle entered the State and thereafter the vehicles were sezied on the allegation that transportation is in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2011. It is there upon, contending that the proceedings are illegal, these writ petitions have been filed. 2. Admittedly proceedings have been initiated against the petitioners on the allegation that transportation of river sand is in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2011. Such proceedings are pending before the Sub Divisional Magistrate, the statutory authority under the Act. If for any W.P.(C)s.24711 & 24716/11 2 reason the said proceedings are illegal and liable to be set aside, it is for the petitioners to raise contentions before the said authority and it is for the said authority to deal with the same and pass appropriate orders. 3. Therefore, the writ petition is disposed leaving it open to the petitioners to appear before the second respondent, file their objections and there upon the second respondent will pass orders, as expeditiously as possible. In the meanwhile, if the petitioners are desirous of getting the vehicles on interim custody, it will be open to them to make application for the same in which event, such application will be dealt with and orders will be passed thereon, in the light of the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333], without further delay. ANTONY DOMINIC, Judge mrcs