IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17174 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------- M.S.SAJI, AGED 38 YEARS, S/O.SEBASTIAN, MAVUMKOOTTATHIL HOUSE, MARARIKULAM SOUTH PANCHAYAT, WARD NO.1, ALAPPUZHA DISTRICT, PIN-688 567. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.695 035. 2. REVENUE DIVISIONAL OFFICER, ALAPPUZHA, OPPOSITE DISTRICT COURT ALAPPUZHA, PIN-688 013, THATHAMPALLY.P.O., ALAPPUZHA. 3. STATION HOUSE OFFICER, CHRTHALA POLICE STATION, CHERTHALA.P.O., ALAPPUZHA DISTRICT. 688 524. 4. ASSISTANT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM.P.O.-686 001. R1 TO R4 BY GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17174/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE OF REGISTRATION NO.KL-07/F 4125 DTD. 7/12/1993. P2: COPY OF PERMIT DTD. 01/01/2009. P3: COPY OF REPORT DTD. 25/05/2011 FILED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT. P4: COPY OF MAHAZAR DTD. 25/05/2011 PREPARED BY THE 3RD RESPONDENT. P5: COPY OF NOTICE RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT DTD. 27/05/2011. P6: COPY OF REPLY FILED BY THE PETITIONER DTD. 03/06/2001. P7: COPY OF PERMIT/PASS DTD. 25/05/2011 ISSUED BY 4TH RESPONDENT TO THE PETITIONER. P8: COPY OF LETTER DTD. NIL ISSUED BY THE PANCHAYAT MEMBER IN FAVOUR OF THE PETITIONER. P9: COPY OF LETTER DTD. 31/05/2011 ISSUED BY ASST.MOTOR VEHICLE INSPECTOR, SUB R.T. OFFICE, CHERTHALA DTD. 31/05/2011. P10: COPY OF ORDER DTD. 13/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------- W.P.C. No. 17174 of 2011-V -------------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T The petitioner claims to be the registered owner of a heavy goods vehicle bearing registration No.KL 07 F 4125. Pursuant to the proceedings initiated under S.23A(2) of the Kerala Protection of River Banks and Regulation of Removal of Sand (Amendment) Ordinance, 2010, the 2nd respondent has passed Ext.P10 order. Challenging Ext.P10 order, this writ petition is filed. In my view if the petitioner is aggrieved by Ext.P10 order, the remedy available to the petitioner is to file a revision before the District Collector in terms of the provisions contained in the Kerala Protection of River Banks. Therefore having regard to the availability of the alternate remedy of revision, this writ petition is dismissed. ANTONY DOMINIC, JUDGE. rka rka