IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 35466 of 2010(G) --------------------------------- PETITIONER(S): ------------------- UMMAR.K, S/O.KUNJHAHAMMED, AGED 45 YEARS, KATTIKULANGARA-HOUSE, CHATTIPPARAMBU PO, KOLATHUR VIA, MALAPPURAM (R.C.OWNER OF KL-10/AE-762). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676 505. 2. TAHSILDAR, PERINTHALMANNA TALUK, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322. 3. REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, PERINTHALMANNA, MALAPPURAM DT.-679 322. 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVT., LAW DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R5 BY GOVT.PLEADER SRI.P.N.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ------------------------------- W.P.(C).No.35466 of 2010 ------------------------------- Dated this the 26th day of November, 2010. J U D G M E N T This writ petition is a clear case of abuse of process of court. 2. The petitioner is the registered owner of a mini-lorry bearing registration No.KL-10/AE-762. Proceedings were initiated against the vehicle, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Such proceedings culminated in Ext.P1 order of confiscation passed by the District Collector. Challenging that order, W.P.(C) No.21635/10 was filed. That writ petition was dismissed by Ext.P2 judgment. Ext.P2 judgment was confirmed by Ext.P3 judgment in Writ Appeal No.1389/10. Thereafter, R.P.No.959/10 filed by the petitioner, seeking review of the judgment, was also dismissed. 3. Subsequently, he sought installment facility to pay the amount specified in Ext.P1 order, by filing W.P.(C)No.31991/10, 2 W.P.(C).No.35466 of 2010 and that was also dismissed as withdrawn. Subsequently, Ext.P4 sale notice was issued and it is at this stage, this writ petition is filed challenging the constitutional validity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. I In my view, having regard to the afore said circumstances, it is not open to the petitioner to challenge the provisions of the Act at this stage, by filing a fresh petition. Writ petition is dismissed accordingly. ANTONY DOMINIC, Judge. ami/