IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 23786 of 2008(F) -------------------------- PETITIONER: --------------- ANILRAJ.V., S/O.VISWANATHAN, VADUKKAMPATTU HOUSE, MANATHALA PO., CHAVAKKAD, THRISSUR, KL-8/G597. BY ADV. SRI.N.J.JOHNSON RESPONDENTS: ---------------- 1. INSPECTOR GENERAL OF POLICE, THRISSUR. 2. DISTRICT COLLECTOR, THRISSUR 3. THAVANOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THAVANOOR PO., MALAPPURAM. (R3 DELETED) [R3 IS DELETED AS PER ORDER DT.2.9.2008 IN I.A.NO.10913/2008) GOVERNMENT PLEADER , BENJAMIN PAUL FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, ALONG WITH WPC NO. 24015 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) Nos. 23786 & 24015 OF 2008 ---------------------------------------- Dated this the 22nd day of September, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are the owners of goods vehicle bearing registration No. KL8/G-597 and KL7/P-6291. They get river sand from Thavannor Grama Panchayat and transport it to their customers and earn a livelihood. Ext.P4, produced in the respective writ petitions, are the passes issued to them under Rule 48K of the Kerala Minor Mineral Concession Rules,1967 and Rule 29(1) (a) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. The petitioners transport river sand to Thrissur District for sale. Alleging that, they have no passes to transport river sand from Malappuram to Thrissur, the officers of various departments including police officials are harassing them. Therefore, they have preferred Exts.P5 and P6 representations before the Inspector General of Police and District Collector, Thrissur. Thereafter, this writ petition is W.P.(C) Nos.23786 & 24015/2008 2 filed seeking a direction to the respondents not to interfere with the transportation of river sand. 2. The respondents would submit that for transporting river sand from Malappuram to Thrissur district, the petitioners should have permit under Rule 29(1)(c) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002, issued by an officer authorised by the District Collector. The petitioners are transporting river sand without that permit and therefore, their vehicles are being intercepted. 3. In view of the above facts, the police officers are interfering with the transport of the river sand, as the same is being transported without the permit under Rule 29(1)(c) mentioned above. We find nothing illegal or irregular about it. The learned Government Pleader submitted that if the river sand is transported on the strength of permit issued under Rule 49K of the Kerala Minor Mineral Concession Rules,1967 and also under 29(1)(c) of the Kerala Protection W.P.(C) Nos.23786 & 24015/2008 3 of River Banks and Regulation of Removal of Sand Act, 2002, the police officers will not interfere with the same, if the transporting of the river sand is otherwise in order. This submission is recorded and the writ petitions are disposed of . (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps