IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 W.P(C).No. 4200 of 2008(Y) --------------------------------- PETITIONER: -------------- R.ALBERT, S/O.RAMASWAMY NADAR, AGED 27 YEARS, KOTTUVILAKOM HOUSE, VANNIACODE, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. OFFICE OF THE R.D.O., FORT, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, ALONG WITH WPC 4492, 4580 & 4581 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = = = = = = W.P.(C) Nos.4200, 4492, 4580 & 4581 OF 2008 = = = = = = = = = = = = = = = == = = = = = Dated this the 11th February, 2008 J U D G M E N T In these writ petitions, vehicles loaded with sand have been detained on the allegation of having unauthorisedly transported river sand offending the provisions of Kerala Protection of River Bank and regulation of Removal of Sand Act, 2001. Petitioners have a definite contention that the sand in question has been brought from Tamil Nadu and they have also produced documents to sustain this contention. 2. However, I feel that a factual finding on the claim raised by the petitioner is necessary and that the competent authority to adjudicate this issue is the 1st respondent, the District Collector, who is to exercise his powers under Rule 27 of Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. 3. Therefore, I dispose of these writ petitions directing that on production of a copy of this judgment, the 1st respondent shall W.P.(C) No. 4200, 4492/08 etc. - 2 - expeditiously finalise the proceedings against the vehicles involved in these writ petitions. 4. In view of the specific contention of the petitioners that the sand in question is transported from Tamil Nadu and not river sand, it will be open to the petitioners to submit an appropriate application to the respondent to have the sand inspected by the concerned Geologist. If such an application is filed, the 1st respondent shall pass orders thereon before final orders are passed. ANTONY DOMINIC JUDGE jan/-