IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21618 of 2010(B) ---------------------------------- PETITIONER(S): --------------- P.B.SHANMUGHAN,S/O.BALAN, PERUVELI HOUSE IRUMBANAM PO, ERNAKULAM DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, TRIPUNITHURA POLICE STATION. 2. THE DISTRICT COLLECTOR,ERNAKULAM. 3. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,TRIVANDRUM. BY GOVERNMENT PLEADER ADV.MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.21618 OF 2010 ------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T The petitioner challenges Ext.P2 order passed by the District Collector, Ernakulam under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by which on a finding that the petitioner used his vehicle for illegal transportation of river sand, he was directed to pay an amount of Rs.2,70,000/- as value of the vehicle towards River Management Fund. In the process of challenging Ext.P2 order, the petitioner challenges constitutional validity of the Act and Rules. I am not inclined to consider that question in this writ petition, in so far as Ext.P2 order is dated 11.1.2008 and the petitioner is approaching this Court challenging the order more than two and a half years later. Therefore, notwithstanding the challenge against the constitutional validity of the Act and Rules, unless the petitioner satisfies me as to the reasons for the long delay, I do not think that the petitioner is entitled to invoke the discretionary jurisdiction of this Court under Article 226 of the Constitution of W.P.(c)No.21618/10 2 India. The petitioner has not been able to satisfy me that he had sufficient reasons not to challenge Ext.P2 order within a reasonable time. In the above circumstances, I am not inclined to entertain this writ petition. Accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.21618/10 3