IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 15658 of 2010(Q) -------------------------- PETITIONER(S): --------------- 1. SRI.O.R.SANTHOSH KUMAR, RESIDING AT OOLICKAL HOUSE, THULAPPALLI POST, KOLLAMULA VILLAGE, RANNI TALUK. 2. SRI.GOPALAKRISHNA PILLAI, MALAPARACKAL HOUSE, KANAMALA, PAMPAVALLEY POST, KANJIRAPPILLI TALUK. BY ADV. SRI.K.T.SHYAMKUMAR SRI.JAI GEORGE RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT. 3. MR.SHAHUL, THE ASST.SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION, KOTTAYAM DISTRICT. 4. THE DISTRICT COLLECTOR, KOTTAYAM. GOVERNMENT PLEADER MR.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C) No.15658 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 JUDGMENT Petitioners, who are the registered owners of two Tipper Lorries bearing Registration Nos. KL-4V-2646 and KL-34-2221 respectively, seek a direction to the first respondent, the Director General of Police to take immediate action on Ext.P3 representation, by deputing an officer not below the rank of Superintendent of Police to investigate into the allegations made thereon and also seek a direction to quash Ext.P4 mahazar and all further proceedings. 2. The learned Government Pleader on instructions submitted that, Ext.P3 representation has been disposed of by the Dy.S.P, Kanjirappilli and the findings recorded therein are that the case of the petitioners is false and that the Tipper Lorries belonging to the petitioners were carrying river sand collected illegally. 3. Admittedly, the Tipper Lorries have been forwarded to the District Collector for further proceedings as per the Kerala Protection of River Banks & Regulation of Removal of Sand Act 2001 and the rules framed thereunder. W.P.(C) No.15658 of 2010 : 2 : No useful purpose will be served by the petitioners by indulging in a pursuit of their request for enquiry into Ext.P3 complaint once again. 4. Interests of justice will be better served by directing the District Collector, Kottayam to pass appropriate orders on Ext.P5 application in respect of the Tipper Lorries after giving the petitioners an opportunity of being heard. The District Collector shall hear and dispose of the matter within three weeks of receipt of a copy of their judgement. V.RAMKUMAR, JUDGE dmb