IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7133 of 2008(Y) ------------------------- PETITIONER: -------------- SIJU CHERIAN,S/O.CHERIAN AGED 25 YEARS, THAYYIL HOUSE, KUMARAKOM, KOTTAYAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR KOTTAYAM. 2. THE ADDITIONAL TAHSILDAR, KOTTAYAM. 3. SUB INSPECTOR OF POLICE,KUMARAKOM, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, AYMANAM, KOTTAYAM DIST. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7133 OF 2008 Y ==================== Dated this the 29th day of February, 2008 J U D G M E N T Petitioner submits that a lorry belonging to him bearing Regn.No.KL-5X 5275 has been seized by the respondents on 29/1/2008 on the allegation that it was involved in the unauthorised transportation of river sand. Ext.P2 is the mahazar. It would appear that the petitioner has filed Ext.P3 requesting for temporary release but no order has been passed. At that stage, this writ petition has been filed praying for quashing the proceedings relating to the seizure of the truck and for directing the release of the said vehicle. 2. As already noticed, the vehicle was seized only on 29/1/2008. Once the vehicle is seized for violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, it is for the 1st respondent to decide on the culpability of the vehicle and pass orders in terms WPC 7133/08 :2 : of Rule 27 of the rules framed under the Act. Since no orders of that nature has been passed, I do not think it proper for this court at this stage to interfere in the matter or direct release of the vehicle. In my view, the proper course to be adopted is to direct the respondents to pass orders in terms of Rule 27. Therefore, I dispose of this writ petition directing that the 1st respondent shall consider the case of the petitioner in terms of Rule 27 of the Protection of River Banks and Regulation of Removal of Sand Rules, 2002. This shall be done as expeditiously as possible, at any rate within 15 days of production of a copy of this judgment. ANTONY DOMINIC,JUDGE. Rp