IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18667 of 2009(C) -------------------------- PETITIONER: --------------- I.A. ABDL RASHEED, AGED 55 YEARS, S/O. E.M. ABDUL AZEEZ, NO.68/186, CLUB ROAD, OOTTY, NILGIRIS, TAMILNADU, REP. BY POWER OF ATTORNEY HOLDER, FATHA-HUR-RABBANI, S/O. ABDUL RASHEED, CLUB ROAD, NILGIRIS, TAMILNADU (VEHICLE BEARING REG. NO.TN-43-B-8303) BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, 2. THE DISTRICT COLLECTOR, PALAKKAD. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.18667 of 2009 -------------------------- Dated this the 29th July,2009 J U D G M E N T The sand being transported in the petitioner’s vehicle bearing Reg.No TN 43-B-8303 was seized on 17.7.2009. Petitioner claims to be the power of attorney holder of the registered owner of the vehicle. According to the petitioner, the sand was purchased from an authorized dealer in Tamil Nadu, as evidenced by Ext.P5 and therefore there was no justification for seizure of the vehicle. 2. Learned Government Pleader, on instructions, submits that the sand in question is a river sand and it was being transported unauthorisedly. It is suspected that the receipt pass through the check post is also bogus. The issue is to be considered by the District Collector. 3. On production of a copy of this judgment along with a representation by the petitioner, the District W.P ( C) No.18667 of 2009 2 Collector shall cause notice to be issued to the registered owner of the vehicle, and take a decision, in accordance with the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002, within a period of six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.18667 of 2009 3 W.P ( C) No.18667 of 2009 4