IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25810 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- 1. M.JINESH, S/O.GANGADHARAN NAMBIYAR, AGED 47 YEARS, RESIDING AT NJERACHANGAL HOUSE, KUNNAMANGALAM POST, KOZHIKODE DISTRICT, KERALA. 2. K.MUHAMMED RAFIQUE, S/O.K.HUSAINANABBA, DOOR NO.12-100, HOLABAIL HOUSE, ADYAR.P.O., MANGALORE TALUK, D.K.DISTRICT, KARNATAKA. 3. V.P.KHADHER, S/O.CHEKUTTY HAJI, NO.55/11, 12TH CROSS, 5TH MAIN ROAD, WILSON GARDER, BANGALORE, KARNATAKA. 4. SAJAN, S/O.SREEDHARAN, VELUTHEDATH HOUSE, MAKKADA.P.O., KAKKODI, KOZHIKODE DISTRICT, KERALA. BY ADVS. SRI.R.UDAYA KUMAR SRI.JACOB E SIMON RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. PIN-671 121. 2. THE STATION HOUSE OFFICER,MANJESHWER POLICE STATION, KASARAGOD.PIN-671 323. (CRIME NO.616/11,622/11,647/11 AND 618/11) 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.25810/2011 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE ABOVE SAID LORRY BEARING REGISTRATION NUMBER KL-57-3479. P2: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE ABOVE SAID LORRY BEARING REGISTRATION NUMBER KA-22/A-8179. P3: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE ABOVE SAID LORRY BEARING REGISTRATION NUMBER KA-01/C-8659. P4: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE ABOVE SAID LORRY BEARING REGISTRATION NUMBER KL-11/AE-1147. P5: TRUE COPY OF THE ADVANCE TAX UTILIZATION RECEIPTS ISSUED BY THE DEPARTMENT OF KERALA COMMERCIAL TAXES THROUGH IT'S OFFICIAL WEBSITE, IN RESPECT OF VEHICLE NO.KL-57-3479. P6: TRUE COPY OF THE ADVANCE TAX UTILIZATION RECEIPTS ISSUED BY THE DEPARTMENT OF KERALA COMMERCIAL TAXES THROUGH IT'S OFFICIAL WEBSITE, IN RESPECT OF VEHICLE NO.KA-22/A-8179. P7: TRUE COPY OF THE ADVANCE TAX UTILIZATION RECEIPTS ISSUED BY THE DEPARTMENT OF KERALA COMMERCIAL TAXES THROUGH IT'S OFFICIAL WEBSITE, IN RESPECT OF VEHICLE NO.KA-01/C-8659. P8: TRUE COPY OF THE ADVANCE TAX UTILIZATION RECEIPTS ISSUED BY THE DEPARTMENT OF KERALA COMMERCIAL TAXES THROUGH IT'S OFFICIAL WEBSITE, IN RESPECT OF VEHICLE NO.KL-11/AE-1147. P9: TRUE COPY OF THE ENTRY PASS SEALED BY THE OFFICER, EXCISE CHECK POST, MANJESWERAM REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO.KL-57-3479. P10: TRUE COPY OF THE ENTRY PASS SEALED BY THE OFFICER, EXCISE CHECK POST, MANJESWERAM REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO.KA-22/A-8179. svs ...........2/-.... ...2... WPC. NO.25810/2011 P11: TRUE COPY OF THE ENTRY PASS SEALED BY THE OFFICER, EXCISE CHECK POST, MANJESWERAM REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO.KA-01/C-8659. P12: TRUE COPY OF THE ENTRY PASS SEALED BY THE OFFICER, EXCISE CHECK POST, MANJESWERAM REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO.KL-11/AE-1147. P13: TRUE COPY OF THE EXIT PASSES HAVING THE SEAL OF THE CHECK POST, REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO. KL-57-3479. P14: TRUE COPY OF THE EXIT PASSES HAVING THE SEAL OF THE CHECK POST, REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO. KA-22/A-8179. P15: TRUE COPY OF THE EXIT PASSES HAVING THE SEAL OF THE CHECK POST, REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO. KA-01/C-8659. P16: TRUE COPY OF THE EXIT PASSES HAVING THE SEAL OF THE CHECK POST, REGARDING THE ENTRY OF THE VEHICLE THROUGH THE CHECK POST, IN RESPECT OF VEHICLE NO. KL-11/AE-1147. P17: TRUE COPY OF THE DELIVERY NOTES IN FORM NO.15 ISSUED BY THE KERALA COMMERCIAL TAXES DEPARTMENT DATED HAVING NUMBER AS CTVAF-A NO.0375771. P18: TRUE COPY OF THE DELIVERY NOTES IN FORM NO.15 ISSUED BY THE KERALA COMMERCIAL TAXES DEPARTMENT DATED HAVING NUMBER AS CTVAF-A NO.0375764. P19: TRUE COPY OF THE DELIVERY NOTES IN FORM NO.15 ISSUED BY THE KERALA COMMERCIAL TAXES DEPARTMENT DATED HAVING NUMBER AS CTVAF-A NO.0375765. P20: TRUE COPY OF THE DELIVERY NOTES IN FORM NO.15 ISSUED BY THE KERALA COMMERCIAL TAXES DEPARTMENT DATED HAVING NUMBER AS CTVAF-A NO.0375772. P21: TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1206/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 25810 OF 2011 ----------------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T Petitioners are registered owners of lorries bearing Reg.Nos.KL-57-3479, KA-22/A-8179, KA-01/C-8661 and KL- 11/AE-1147. The vehicles have been seized by the 2nd respondent on the allegation of illegal transportation of river sand, in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The said proceedings are pending before the Sub Divisional Magistrate, Thrissur. It is during the pendency of the proceedings the writ petition has been filed contending that the sand is transported from outside the State and therefore the Act is not applicable and hence proceedings initiated are without jurisdiction. In my view, even if the petitioners have got such a contention since the proceedings are pending before the Sub Divisional Magistrate, the petitioner should appear before that W.P.(C) No. 25810 OF 2011 :2 : authority and urge their contentions and get themselves exonerated of the proceedings. At this stage initiation of proceedings on the allegations mentioned above, cannot be said to be without jurisdiction and therefore this court will not be justified in interfering with the same. Therefore the writ petition is disposed of leaving it open to the petitioners to approach the Sub Divisional Magistrate and contest the matter. 2. It is also directed that in the meanwhile if the petitioners so desire, they can seek interim custody of the vehicles by making appropriate applications before the Sub Divisional Magistrate and on production of a copy of this judgment, the Sub Divisional Magistrate will consider the applications without delay and pass orders thereon, applying the principles laid down in the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-