IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WA.No. 855 of 2009 --------------------------- AGAINST THE JUDGEMENT IN WPC.10418/2009 Dated 31/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ MOHAMMED SALIM,S/O.KUNJUMUHAMMED, AGED 35 YEARS,CHOOLIPURATH HOUSE,VATTAK KULAM VILLAGE, KALADY POST OFFICE,PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. ADDL.TAHSILDAR, TALUK OFFICE, PONNANI. 2. DISTRICT COLLECTOR,MALAPPURAM. 3. SUB INSPECTOR OF POLICE, PONNANI. 4. SECRETARY,TAVANOOR GRAMA PANCHAYAT, (SPECIAL GRADE),AYENKULAM.PO, PONNANI TALUK. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 855 of 2009 ------------------------------------------ Dated, this the 8th day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. Initiation of action under the provisions of the Kerala River Banks Protection and Regulation of Removal of Sand Act is challenged in the writ petition. The learned Single Judge considering the disputed questions was of the view that, as it is open for the appellant to make out all the grounds he has raised in the writ petition before the District Collector, the writ petition was devoid of merits. 2. After hearing the learned counsel for the appellant, we too find that this Court cannot go into the disputed questions of facts which are urged in the writ petition and the writ appeal. Hence, we find no error on the part of the learned Single Judge in directing the appellant/petitioner to approach the second respondent District Collector, Malappuram. Since the time granted by the W.A. No.855 of 2009 - 2 - learned Single Judge has expired we direct the appellant to be present before the second respondent at 3 P.M. on 13.4.2009 and make out all his contentions, in which event, the second respondent shall pass final orders within a week thereafter. With these observations, the writ appeal stands disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns