IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(C).No. 13243 of 2010(E) -------------------------- PETITIONER(S): --------------- C.A.HAMSA, SON OF ALKUNJU, CHERUDOTH VEEDU, KUTTAMASSERI, ALUVA. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, ALUVA. 4. THE VILLAGE OFFICER, ALUVA. 5. THE SUB INSPECTOR OF POLICE, ALUVA. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 13243 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of April, 2010 J U D G M E N T Petitioner claims to have purchased some sand for the purpose of construction of his house. But due to financial constraints he could not use the same immediately. Therefore the same is stored in the premises of the petitioner's residence. But the petitioner has been informed by the Police that the petitioner has unauthorizedly transported river sand which is stored in the premise of his residence and is liable to be proceeded against. Proceedings are afoot in respect of the same at the hands of the respondents. Petitioner therefore submitted Ext.P1 petition before the 2nd respondent. Petitioner submits that in the meanwhile without considering Ext.P1, the respondents are taking steps to auction the sand. It is under the above circumstances the petitioner has approached this court seeking a direction to the W.P.(C)No. 13243 of 2010 -2- 2nd respondent to pass orders on Ext.P1 expeditiously and to stay auction of the sand in the meanwhile. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P1 as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till then the sand shall not be auctioned. However the petitioner shall not use, dispose of or remove the sand in the meanwhile and shall keep the sand in the present condition in the same place where it is stored now. S. SIRI JAGAN JUDGE shg/