IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 15017 of 2011(B) -------------------------- PETITIONER: --------------- HAROON RASHEED, S/O MUHAMMED, AGED 42 YEARS, PALLITHODIKA VEED, KODIYATHUR P.O., MUKKAM, KOZHIKKODE BY ADV. MR. B.N.SHIVSANKAR RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KOZHIKKODE 2. ASSISTANT COLLECTOR, COLLECTORATE, KOZHIKODE. (BY SENIOR GOVERNMENT PLEADER MR. P. N. SANTHOSH) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 15017 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd June , 2011 JUDGMENT The petitioner has approached this Court challenging Ext. P2 order passed by the first respondent, whereby the proceedings pursuant to seizure of the vehicle bearing No. KL 57 6978, alleging illegal transportation of river sand under the relevant provisions of the Sand Act has been finalized. The learned counsel for the petitioners submits that pursuant to Ext. P2 further proceedings have been taken by the respondents, as borne by Exts. P3 and P4, which made the petitioner to approach this Court for immediate relief challenging Ext,. P2 as well 2. Heard the learned Government Pleader as well. 3. Going by the admitted pleadings and proceedings, it is quite evident that, the vehicle was taken into custody as per Ext. P1 mahazar dated 11.11.2008. On the same day, the petitioner was also served with a notice to appear before the concerned authority for hearing to be held on the next day. Subsequently, the proceedings were finalized by the first respondent, who passed Ext. P2 order on 11.11.2008, directing the petitioner to deposit a sum of Rs. 2,25,000/- to the river W.P. (C) No. 15017 of 2011 : 2 : management fund so as to redeem the vehicle. The petitioner after sleeping over the issue for nearly 2 ½ years has turned up before this Court challenging the entire proceedings right from the seizure. 4. Considering the facts and circumstances, this Court finds that issue has become stale and the discretionary jurisdiction of this Court is not liable to be extended to the petitioner, so as to interfere with the proceedings. Interference is declined, the Writ Petition is dismissed. P. R. RAMACHANDRA MENON, JUDGE kmd