IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 24319 of 2008(T) -------------------------- PETITIONER: ------------ A.MUJAB, S/O.ABDUL KHADER KUNJU VYDHYAR, MUJAB MANZIL, INCHAVILA POST, PERINAD, THRIKKARUVA VILLAGE, KOLLAM TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM. 2. THE DISTRICT COLLECTOR, KOLLAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.24319 of 2008 ================== Dated this the 27th day of August, 2008 J U D G M E N T Certain sand stored in the property belonging to the petitioner is sought to be removed and sold by the respondents on allegations of violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner's contention is that there is no provision in the Act or Rues to seize and confiscate sand under the Act. The petitioner also summits that a criminal case is registered against the petitioner's brother in respect of the very same sand. The petitioner has also got a contention that the petitioner has purchased and stored the sand legally as evidenced by Exts.P2 series passes. The petitioner, therefore, seeks the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent not to take any steps to remove the sand collected and stored in petitioner's property and referred to in Ext.P3 FIR from the petitioner's property and not to take any steps to sell or dispose of the same in public auction or otherwise. ii. issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider and pass orders on Ext.P4 on merits and after hearing the petitioner. w.p.c.24319/08 2 iii. to declare that the respondents have no authority or jurisdiction to proceed against the sand legally procured and stored by the petitioner in his properties as per Ext.P2 series passes.” 2. The learned Government Pleader points out that in view of Rule 48(1) of the Kerala Mineral Concession Rules, and Section 21(5) of the Mines and Minerals (Development & Regulation) Act, the respondents have powers to confiscate the sand illegally procured by any persons. 3. I have heard both sides. 4. Assuming that the respondents do have powers to confiscate the sand in question, that can only be after passing a reasoned order after affording an opportunity of being heard to the petitioner and his brother. Accordingly, I dispose of this writ petition with a direction that the land in question shall be removed or sold only after passing a reasoned order after affording an opportunity of being heard to the petitioner and his brother. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24319/08 3