IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 WP(C).No. 12632 of 2011(D) -------------------------- PETITIONER: -------------- ABDUL MANAF, AGED 33 YEARS,S/O. ABDUL KHADER, PADAPPARAMBIL HOUSE, EDAVILANGU, KODUNGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENTS: ----------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUB DIVISIONAL MAGISTATE, THRISSUR - 68 001. 3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KODUNGALLOOR - 680 664. BY SENIOR GOVERNMENT PLEADER, SRI.A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - W.P.(C) No. 12632 OF 2011 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 26th day of April, 2011 JUDGMENT The main prayer in this writ petition is for an order directing the 2nd respondent, the Sub Divisional Magistrate, Thrissur to pass orders on Ext.P6 representation within a time limit to be fixed by this Court. The petitioner has also prayed for a direction to the 2nd respondent to release the river sand seized from the goods vehicle bearing registration No.KL 07 5002. 2. In view of the provisos to sub-section(3) of section 23A of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 the petitioner cannot seek release of the sand seized upon payment of its market value. In fact there is a specific prohibition to such release in the first proviso to section 23A of the Act. The relief prayed for by the petitioner in Ext.P6 and in this writ petition cannot therefore be granted. This Court exercising jurisdiction under Article 226 of the Constitution cannot issue a direction to the 2nd respondent to act contrary to the statutory provisions. W.P(C).No. 12632 of 2011 -:2:- In the circumstances, I do not find any reason to grant the reliefs prayed for. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE. ttb