IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 25500 of 2008(I) -------------------------- PETITIONER: ------------ RIYAS BABU V.P., S/O.ABDULLAKUTTY, AGED 27 YEARS, VALAPPURAM HOUSE, BEEMBUNGAL AMSOM, MAMPAD, NILAMBUR TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. THE TAHSILDAR, NILAMBUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. P.N SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25500/2008 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF MAHAZAR DATED 2-8-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25500 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th August, 2008. J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transport of river sand. The petitioner seeks release of the vehicle on the ground that the petitioner's vehicle was not carrying any sand as is clear from the mahazar itself. 2. I am of opinion that that is a question which has to be decided after considering the evidence to be adduced in the case. That being so, the appropriate course of action is to direct the 2nd respondent to pass final orders pursuant to the seizure. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to pass final orders in the matter as provided under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules thereunder. This the 2nd respondent shall do within seven days. The petitioner shall serve a certified copy of this judgment to the 2nd respondent personally. The 2nd respondent shall hear the petitioner on that day or any other adjourned day within the said seven days. Final order shall also be passed within seven days. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/