IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21531 of 2008(L) -------------------------- PETITIONER: ------------ M/S.JOSCO ENTERPRISES, REPRESENTED BY ITS PROPRIETOR, MR.V.O.JOSE, S/O.OUSEPH, AGED 64 YEARS, VADAKKINETHU VEEDU, NELLIPPALLY, PUNALUR, KOLLAM DISTRICT. K.G.S.T 12182424, C.S.T.12187424, VEHICLE NO.KL-6- B-8501. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. COMMISSIONER OF COMMERCIAL TAXES, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOLLAM. 4. SUPERINTENDENT OF POLICE, KOLLAM. 5. COMMERCIAL TAX OFFICER, ARIYANKAVU CHECK POST. 6. COMMERCIAL TAX OFFICER, ANCHAL. 7. SUB INSPECTOR OF POLICE, SASTHAMCOTTA, POLICE STATION. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21531 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th July, 2008. J U D G M E N T The petitioner claims to have imported river sand from Tamil Nadu for use in Kerala. According to them, they have complied with all procedure prescribed under law and paid sales tax also on the same. In spite of the same, the petitioner submits that the vehicle has been detained on suspicion of transport of river sand illegally. The petitioner seeks release of the vehicle. According to them, since the sales tax authorities have cleared the same, there is no reason for the 3rd respondent to suspect any illegality in the transport of Tamil Nadu sand. 2. I have heard the learned Government Pleader also. 3. Admittedly, the 3rd respondent has detained the vehicle on suspicion of illegal transport of river sand in violation of the Kerala Protection of River Banks and Removal of Sand Act. The Act and Rules themselves prescribe that when sand and vehicle are seized, final orders shall be passed within seven days. That being so, I deem it appropriate to direct the 3rd respondent to take action in accordance with the procedure prescribed under the Act and the Rules. Accordingly, I direct the District Collector to pass final orders in the matter within seven days from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent personally, on which date the District Collector shall hear them or assign another date within seven days for hearing. On the appointed date, the petitioner shall be heard and orders passed as above. It would be open to the petitioner to contend that the said Act W.P.C. No. 21531/2008. -: 2 :- is not applicable to the sand in question which shall also be considered by the 3rd respondent. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.