IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 31162 of 2010(U) -------------------------------------- PETITIONER: ------------------- SANDEEP, S/O.VELAYUDHAN, AGED 25 YEARS, VADAKKOOT, MADAKKATHARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT,AGREEMENT HOLDER OF A MINI LORRY BEARING REGISTRATION NO.KL-07-Q-4804). BY ADV. SRI.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR DISTRICT- 680 653. 2. THE SUB DIVISIONAL MAGISTRATE, THRISSUR -680 020 3. THE DIRECTOR, MINING AND GEOLOGY THIRUVANANTHAPURAM- 01 4. THE GEOLOGIST, THRISSUR DISTRICT- 680 020. R1 TO R4 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31162 of 2010 U ``````````````````````````````````````````````````````` Dated this the 14th day of October, 2010 J U D G M E N T Petitioner is the registered owner of a mini lorry bearing registration No.KL-07-Q-4804. On 14-07-2010, the lorry was seized by the first respondent on the allegation that the vehicle was used for the unauthorised transportation of river sand. Case of the petitioner is that it was not river sand but, it was only matti sand and, therefore, the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001 are inapplicable. On that basis, petitioner made an application for sending the sample of the sand for analysis by the Geologist. In this writ petition, the prayer sought is for a direction to get the sample analysed by the Geologist. 2. In my view, it is a matter which the petitioner will have to urge before the second respondent during the course of the adjudication. WPC.31162/10 : 2 : Therefore, leaving it open to the petitioner to seek orders on his request during the course of the adjudication, this writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge