IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6205 of 2008(L) ------------------------- PETITIONER: ------------ V.K. SAJAY @ BOBAN, S/O.PURUSHOTHAMAN, AGED 34 YEARS, AYETHIKELOTH, CHALAD P.O., KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE TAHSILDAR, KANNUR. 3. THE REGIONAL TRANSPORT OFFICER, KANNUR. 4. THE SUPERINTENDENT OF POLICE, KANNUR. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6205 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT The prayer in this writ petition is as follows: “(i) issue a writ of mandamus or such other writ or direction directing the respondents herein not to harass the operation of Tipper vehicles and excavators under the guise of Bill NO.137/2007 (Kerala Nelvayal - Neerthada Samrakshana Bill) pending consideration before the Kerala Legislative Assembly.” 2. It is beyond dispute that the aforesaid bill has not become law. If that be so, a non-existent legislation cannot be a basis for any action against either the petitioner or anybody else. 3. Therefore, I dispose of this writ petition directing that no action shall be taken against the petitioner under the aforesaid bill so long as it has not become law. It is clarified that this judgment will not stand in the way of the respondents from taking action against the petitioner under any provision of law. ANTONY DOMINIC, JUDGE WP(C) Page numbers mt/-