IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 3878 of 2008(J) ------------------------- PETITIONER: ------------ 1. SHANAVAS, S/O.IBRAHIMKUTTY, MAVUVILAPUTHEN VEEDU, MYLAKKADU KOTTIYAM, KOLLAM. 2. ABDUL RASHEED, S/O.HAMEEFAKUNJU, PULIVILA VEEDU, UMAYANALLOOR, MAYYANADU, KOLLAM. 3. DASAN, S/O.JOSEPH, SHIBUBHAVAN, KOTTIYAM, KOLLAM. 4. CHANDRACHOODAN @ P.K.CHANDRAN, S/O.KRISHNAN, PLAVILA VEEDU, KOTTIYAM, KOLLAM. 5. YESUDASAN, S/O.MICKLE, THADATHIL VEEDU, OTTAPLAMOODU, KOTTIYAM, KOLLAM. 6. THULASIKUMAR, ANANDAVILASAM, KALKKODU, POOTHAKKULAM, PARAVOOR, KOLLAM. 7. MADHU, S/O.GANGADHARAN, VAYALILKKADA, MAYYANADU, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 4. THE TAHSILDAR, THALUK OFFICE, KOLLAM. 5. VILLAGE OFFICER, MAYYANADU VILLAGE, WPC 3878/08 -2- MAYYANADU, KOLLAM. 6. THE CANAL OFFICER, CANAL OFFICE, KALLUPALAM, KOLLAM. 7. THE SECRETARY, MAYYANADU GRAMA PANCHAYAT KOLLAM DISTIRCT. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3878 of 2008 ------------------------------------- Dated: February 6, 2008 JUDGMENT It is stated by the petitioners that three country boats, the licence of which are Exts.P1 to P3, have been seized by the 5th respondent on 19.12.2007 on the allegation that they were engaged in unauthorised transportation of river sand under the Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2002. According to the petitioners, the seizure itself is illegal and it is on that basis this writ petition has been filed praying for a direction to release their country boats. 2. In my view, at this stage it will not be proper for this court to interfere with the matter and direct release of the country boats. The rules framed under the aforesaid Act provides that it is for the 2nd respondent to consider this issue exercising his power under Rule 27 thereof. This has not been done by the 2nd respondent so far. 3. Therefore, I dispose of this writ petition directing that the WP(C) 3878/08 Page numbers 2nd respondent shall consider the matter in exercise of his power under Rule 27 of the aforesaid Rules and pass appropriate orders with notice to the petitioners, within two weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-