IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 37391 of 2008(B) -------------------------- PETITIONER: ------------- SHOUKATHALI, S/O. MUHAMMED HAJI, THONIKADAVATH HOUSE, PADINJATTUMURI P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------- 1. THE TAHSILDAR, ERANAD. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER, SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 37391 of 2008 ------------------------------------ Dated this the 19th day of January, 2009 JUDGMENT Challenge in this writ petition is against the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Exhibit P1 order. This court has already upheld the validity of the Act in the decision in Subramanian Vs. State of Kerala [2009(1) K.L.T 77] and therefore, that challenge does not survive for consideration. Now coming to the validity of Exhibit P1, the contention of the counsel that order was passed without notice to the petitioner is belied by the contents of Exhibit P1 and the averments in the writ petition. Order also shows that, it was admitted that sand was being transported for the domestic purposes and that there was no pass, authorising the same. If that be so, the conclusions arrived at cannot be impugned. Value fixed is Rs.20,000/- and only Rs.1,000/- is levied towards the river management fund. Therefore, I am not persuaded to interfere with Exhibit P1. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE scm