IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23418 of 2010(B) -------------------------------- PETITIONER(S): --------------- ABDUL NAZAR.U., S/O.MOOSA, AGED 30 YEARS, UMMAD VEEDU, P.O.IRUMBUZHI, MALAPPURAM DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE TAHSILDAR, ERNAD, 676 505. 2. THE DISTRICT COLLECTOR, MALAPPURAM-676 505. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM-695 001. BY ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23418 OF 2010 ------------------------------- Dated this the 27th day of July, 2010 J U D G M E N T The petitioner challenges Ext.P1 order of the District Collector passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by which, on a finding that the petitioner has transported river sand in violation of the Act and Rules, the petitioner has been directed to pay an amount of Rs.1,50,000/-, being the value of the vehicle, towards River Management Fund. The petitioner challenges the validity of the Act and Rules also. 2. I have heard the learned Government Pleader also. 3. I am not inclined to consider the question of validity of the Act and Rules, in so far as Ext.P1 order was passed as early as on 9.3.2009 and the petitioner is challenging that order only on 26.7.2010. The petitioner has not given any satisfactory explanation for the long delay of more than one year and four W.P.(c)No.23418/10 2 months. Therefore, the writ petition is liable to be dismissed on the ground of unexplained delay and laches alone. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.23418/10 3