IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 38170 of 2008(R) --------------------------------------- PETITIONER(S): ------------------------- 1. SUDHEER KUMAR, S/O.VELAYUDHAN, MALAYIL HOUSE, VADAVADHOOR P.O., KOTTAYAM DISTRICT. 2. JOSSEY JOHN, S/O.A.P.JOHN, AGED 38 YEARS, J.J.HOME, VADAVADHOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------------------- 1. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE REVENUE DIVISIONAL OFFICER, COLLECOTRATE P.O., KOTTAYAM. 4. THE TAHSILDAR, KOTTAYAM TALUK OFFICE, KOTTAYAM. 5. THE VILLAGE OFFICER, VIJAYAPURAM VILLAGE OFFICE, VADAVADHOOR P.O., KOTTAYAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.38170/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE QUARRYING PERMIT DT. 12.11.08 ISSUED BY THE IST RESPONDENT TO THE IST PETITIONER. P2:- COPY OF THE JUDGMENT DT. 20.7.07 IN WPC. 29713 /06 PASSED BY THIS HON'BLE COURT. P3:- COPY OF THE JUDGMENT DT. 21.10.08 IN WPC. 30887/08 PASSED BY THIS HON'BLE COURT. P4:- COPY OF THE ORDER DT. 27.5.08 ISSUED BY THE IST RESPONDENT TO THE PETITIONERS. P5:- COPY OF THE SEIZURE MAHAZZAR PREPARED BY THIS VILLAGE OFFICER THE 5TH RESPONDENT DT. 18.12.08. P6:- COPY OF THE JUDGMENT DT. 28.2.06 IN WPC. 5136/06 PASSED BY THIS HON'BLE COURT. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 38170 of 2008 -------------------------------------- Dated this the 21st day of January, 2009 JUDGMENT Prayer sought in this writ petition is to quash Exhibit P5 and to direct the 2nd respondent to release the sand mined from the property covered vide Exhibit P1, and the other articles seized as per Exhibit P5 Mahazar. From Exhibit P5 and the other documents, it is evident that proceedings have been initiated against the petitioner and it is on that basis that the articles were seized. It is now, submitted by the Government pleader that in pursuant to Exhibit P5, Collector has issued notice to the parties and has scheduled a hearing on 28/1/2009. If that be so, it is open to the petitioners to appear before the 2nd respondent on 28/1/2009 and raise their contentions, in which case, the second respondent shall pass final orders in this matter, as expeditiously as possible, at any rate, within four weeks thereafter. Petitioner submits that for the effective adjudication of the matter, it is necessary the first respondent should be to present there. W.P.(C) No. 38170/2008 2 The petitioner may make a request in this behalf to the second respondent, in which case, the second respondent shall consider the same. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm