IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 25249 of 2009(A) -------------------------- PETITIONER: --------------- D.VIGNESWARA MUTHUKUMAR S/O.N.DHANAPAL, RESIDING AT 99 KRGP NAGAR, PALLADAM ROAD, POLLACHI, COIMBATORE DISTRICT TAMIL NADU, POWER OF ATTORNEY HOLDER OF M/S. VELU ROAD LINES, POLLACHI, TAMIL NADU. BY ADV. SRI.M.KALAICHELVAN SRI.PRAMOD J.DEV SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR COLLECTORATE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE THRISSUR EAST POLICE STATION, THRISSUR. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, ALONG WITH WPC NO. 31898 OF 2009, WPC NO. 31901 OF 2009 & W.P.C.31884 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25249 of 2009(A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Deed of special Power of Attorney issued in favour of the petitioner dtd.24/6/2009. EXHIBIT P2 : Form of Delivery Note issued by M/s.BISMI TRADERS in the name of Sri.Thankachan at Trichur Town. EXHIBIT P3 : Retail invoice issued by M/s.BISMI TRADERS in the name of Sri. Thankachan at Trichur EXHIBIT P4 : Authorization letter dtd.9/6/2009 issued by the Common Welfare Centre, Tamil Nadu. EXHIBIT P4(a): English translation of Ext.P4 letter. EXHIBIT P5 : Notice dtd.29/6/2009, issued by the 1st respondent. EXHIBIT P6 : Written objection submitted by the petitioner before the 1st respondent. EXHIBIT P7: Judgment dtd.6/8/2009 in W.P.(C)22408/2009 passed by this Hon'ble Court. EXHIBIT P8: Receipt dtd.13/8/2009 issued by the 1st respondent. EXHIBIT P9: Order dated 26/8/2009. EXHIBIT P10: Certificate of registration issued by the Department of Commercial Taxes. EXHIBIT P11: Acknowledgment of the returns submitted by the company under the Kerala Value Added Tax Rules. Addl.EXHIBIT P12:Application submitted by the petitioner before the Check Post Authority. Addl.EXHIBIT P13:Communication received by the petitioner from the Check Post Authority. Addl.EXHIBIT P14:Interim Order in W.P.(C)No.25249/2009 passed by this Honourable Court. Addl.EXHIBIT P15: Interim Order passed in W.A.No.64/2010 of the Division Bench of this Hon'ble Court. RESPONDENTS' EXHIBIT: Nil T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)Nos.25249, 31898, 31884 & 31901 of 2009 ------------------------------------------------ Dated this the 16th day of March, 2010 JUDGMENT All the petitioners are owners of various vehicles which were alleged to have been included in the illegal transportation of river sand from Tamil Nadu. The District Collector has passed orders under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 which are under challenge in this writ petition. 2. Mainly it is contended that the import of sand from Tamil Nadu is not illegal and therefore the confiscation orders cannot be supported. In W.P.(C)No.25249 of 2009 the petitioner has produced additional Exts.P16 to P19 to point out that the Government has recently changed the policy and proposes to allow import of sand from other States without prejudice to the open market import of sand by private operators. It is pointed out that the District Collector has passed an order as per Ext.P19 in a similar case by imposing fine only. In terms of the change of policy, the vehicle may be released by imposing a fine. 3. The petitioners seek for a direction for a re-consideration at the hands of the District Collector. The W.P.(C)Nos.25249, 31898, 31884 & 31901 of 2009 2 petitioners may therefore file appropriate petitions before the District Collector for re-consideration of the matter in the light of the Government Order as per Ext.P16 or any other orders in force. The petitioners will be free to produce all the materials before the District Collector and if such a representation is received, the District Collector will re-hear the matter. All the aspects will be considered by the District Collector and fresh orders will be passed after hearing the petitioners as early as possible. All these writ petitions are accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj