IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 19500 of 2011(J) -------------------------- PETITIONER(S) :- ----------------------- ARUN,S/O.MANOHARAN,PUTHENPURAYIL, KALLELIBHAGAM,THODIYOOR, KOLLAM DISTRICT. BY ADV. SRI.N.SUNIL JOSEPH RESPONDENT(S) :- --------------------------- 1. THE DISTRICT COLLECTOR,KOLLAM, KOLLAM DISTRICT,PIN 691 001. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOLLAM,PIN 691 001. 3. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION,SASTHAMKOTTA PO, KOLLAM DISTRICT,PIN 690 521. 4. THE MINERAL REVENUE INSPECTOR, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICER AT ALAPPUZHA 688 001. GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.19500 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of relevant pages of certificate of registration of the vehicle bearing No.KL-02-E-7486. Ext.P2 :- Copy of the pass issued in favour of the petitioner under Rule 48 K of the Kerala Minor Mineral Concession Rules, 1967 by the 4th respondent. Ext.P3 :- Copy of the FIR in crime No.728/2011 dt.01.07.2011 of Sastamkotta Police Station. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.19500 of 2011 ------------------------------------ Dated this the 8th day of August 2011 J U D G M E N T The petitioner has approached this Court with the following prayers :- “i) To issue a declaration that petitioner is entitled to get release vehicle bearing No.KL-02-E-7486, which was taken into custody by the 3rd respondent on 01.07.2011, when transporting Ordinary Sand from Kunnathalummoodu to Kollam under the authority of Exhibit P2 pass ii) To issue a writ of mandamus or any other appropriate writ or order or direction, directing the 3rd respondent to release the vehicle bearing No.KL-02-E- 7486 to the petitioner. iii) To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.” 2. The proceedings relate to the seizure of the vehicle bearing No.KL-02-E-7486 belonging to the petitioner, in connection with the alleged offence under the W.P.(C) No.19500 of 2011 -: 2 :- Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The learned counsel for the petitioner submits that the petitioner was actually transporting 'ordinary sand' on the strength of a valid pass issued by the Mineral Revenue Officer, Dept. of Mining and Geology, Alappuzha; under the provisions of the Kerala Minor Mineral Concession Rules, 1967 and this being the position, the 3rd respondent who effected the seizure, has no power or jurisdiction under the above Rules to pursue further steps. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances and also the contents of Ext.P3 mahazar, this Court finds that the proceedings taken by the concerned respondent are in respect of the alleged illegal transportation of sand by the petitioner from the concerned 'kadavu' ie; river sand. This being the position, the matter has to be dealt with by the 2nd respondent under the relevant provisions of the Kerala W.P.(C) No.19500 of 2011 -: 3 :- Protection of River Banks and Regulation of Removal of Sand Act, 2001. The claim for interim custody of the vehicle shall be considered by the 2nd respondent taking note of the observations made by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010 (3) KHC 333] and appropriate orders shall be passed in this regard within 'one week' from the date of receipt of a copy of this judgment. The final verdict shall be passed by the 2nd respondent in accordance with law within 'six weeks' thereafter. Writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. Jvt