IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10556 of 2010(T) ------------------------------------- PETITIONER(S): ------------------------ P.K.RAGHAVAN, SURAJ BHAVAN,10/686, SOUTH PARUR P.O.,UDAYAMPEROOR,(VIA) TRIPUNITHURA,ERNAKULAM DISTRICT. BY ADVS. MR.BABU CHERUKARA SMT.ROSAMMA MATHEW MR.ANZAR BASHEER MR.R.THULASEEDHARAN PILLAI MR.PRATHEUSH.M.ANAND RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM,CIVIL STATION,KAKKANADU, 2. THE SUB INSPECTOR OF POLICE,HILL PALACE POLICE STATION, TRIPUNITHURA. 3. THE GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 4. MR.DAMODARAN,ATHICHIRA HOUSE, AKKARAPADAM P.O.,K.S.MANGALAM VILLAGE, VAIKOM TALUK. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10556 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of March, 2010. JUDGMENT The petitioner had earlier filed W.P.(C) No.4630/2010 which was disposed of along with other matters, as per Ext.P6 judgment. The vehicle was seized alleging illegal transportation of river sand. By Ext.P6 judgment, this Court issued the following directions: “There will be a direction to the first respondent to take a decision on the applications submitted by the petitioners within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions, and on such terms and conditions which he deems fit to impose. There will be a further direction to the first respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioners and after considering the pleas raised by the petitioners, on merits.” When the petitioner pointed out that the vehicle is kept without unloading sand and that may affect the vehicle adversely, it was submitted by the learned Govt. Pleader that sand has already been unloaded which was recorded in the judgment. In the light of Ext.P6 judgment, no further directions are called for in this writ petition. wpc10556 /2010 2 2. In the present writ petition, the petitioner's main complaint is that the sample of the sand is not tested by the Geologist. This is a matter which the petitioner can agitate before the District Collector. Learned Govt. Pleader submitted that at the time of disposal of the writ petition, learned counsel for the petitioner submitted that they will not be disputing the nature of the sand before the District Collector. It is submitted that the sand was already unloaded and was taken to the kalavara. Therefore, the petitioner is not entitled for any of the reliefs sought for herein. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/