IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 12908 of 2009(G) ------------------------------------- PETITIONER: ------------------ BIJU MATHEW S/O. MATHAI, NELLIKKALAYIL, IRAVON, KONNI. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS : -------------------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. TAHSILDAR, KOZHENCHERRY. 4. SECRETARY, KONNI GRAMA PANCHAYATH, KONNI. 5. SUB INSPECTOR OF POLICE, KONNI POLICE STATION. SRI. K.A. MOHAMMED ANZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------------------- W.P.(C) No.12908 OF 2009 --------------------------------------- Dated this the 28th day of April, 2009 JUDGMENT The petitioner approached this court apprehending seizure of the vehicle bearing No. KL-13-P 1033 by the fifth respondent. The learned counsel for the petitioner submits that the no notice or order alleging any act committed by the petitioner in contravention of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short “the Act”) has been made. The learned Government Pleader submits that the petitioner is at liberty to approach the first respondent for appropriate reliefs. The learned counsel for the petitioner submits that he has already approached the first respondent by filing Ext.P5 as evident from the receipt dated 13.04.2009 issued from the office of the first respondent. 2. In the above circumstances, the first respondent is directed to consider Ext.P5 and to pass appropriate orders thereon in accordance with law after giving an opportunity of hearing to the petitioner. It is also made clear that till such final orders are passed, the vehicle belonging to the petitioner W.P.(C) No.12908 of 2009 2 shall not be seized by the fifth respondent in connection with the alleged violation of any of the provisions of the Act except in connection with other offences, if any. The writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE pac