IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27298 of 2011(J) -------------------------- PETITIONER(S): --------------- KUNJIRAMAN.P.V, CHANDRATHIL HOUSE, VADUVANKULAM, P.O.KUTTIYATTOOR, MAYYIL THALIPARAMBA, KANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARAGOD PIN - 671 121. 2. THE REVENUE DIVISIONAL OFFICER, KASARAGOD PIN - 671 121. 3. THE SUB INSPECTOR OF POLICE, MANJESWARAM PIN - 671 323. BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27298 of 2011(J) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE PERMIT AND AUTHORIZATION CERTIFICATE OF NATIONAL PERMIT DATED 14-07-2010 IN RESPECT VEHICLE NO.KL 59/C 942. EXT.P2 : TRUE COPY OF THE PERMIT AND AUTHORIZATION CERTIFICATE OF THE NATIONAL PERMIT DATED 26-02-2011 IN RESPECT VEHICLE NO.KL.59/C 9428. EXT.P3 : TRUE COPY OF THE ENTRY PASS DATED 02-09-2011 RELATING TO THE VEHICLES. EXT.P4 : TRUE COPY OF THE RECEIPTS DATED 04-09-2011 EVIDENCING THE PAYMENT OF TAX AT CHECK POST. EXT.P5 : TRUE COPY OF THE CIRCULAR DATED 11-11-2010 ISSUED BY THE GOVERNMENT. EXT.P6 : TRUE COPY OF THE JUDGMENT IN W.A NO.1206/2011 DATED 16-08-2011. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 27298 OF 2011 ----------------------------------------------------- Dated this the 14th day of October, 2011 J U D G M E N T Petitioner claims to be the registered owner of lorries bearing Reg.Nos.KL-59/C 942 and KL-59/C-9428. According to the petitioner river sand from Karnataka State was transported in the aforesaid lorries and that while so, the lorries were detained by the 3rd respondent on the allegation that transportation of river sand was in violation of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. The case of the petitioner is that the sand in question being transported from Karnataka State the provisions of the aforesaid Act are not applicable and therefore this writ petition has been filed. 3. Irrespective of the allegations raised in the writ petition the fact remains that alleging violation of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, proceedings have been initiated against the W.P.(C) No. 27298 OF 2011 :2 : vehicles in question and that such proceedings are now pending before the 2nd respondent, the competent authority. Therefore, at this stage, initiation of proceedings on the allegations mentioned above, cannot be said to be without jurisdiction and therefore this court will not be justified in interfering with the same. Therefore the writ petition is disposed of leaving it open to the petitioner to approach the 2nd respondent and contest the matter. 4. It is also directed that in the meanwhile if the petitioner so desires, he can seek interim custody of the vehicles by making appropriate applications before the 2nd respondent and on production of a copy of this judgment, the 2nd respondent will consider the applications without delay and pass orders thereon, applying the principles laid down in the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge