IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WA.No. 1215 of 2010 ------------------------ AGAINST THE ORDER IN WPC.16722/2010 Dated 10/06/2010 ................... APPELLANT/PETITIONER: --------------------------- PRASANTH.K.V, AGED 31 YEARS, S/O.HAREENDRAN, MAKKUNDAN HOUSE, PARRORA P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.E.C.BINEESH SMT.M.B.SHYNI RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE DISTRICT COLLECTOR, KANNUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, IRIKKUR, KANNUR. 3. THE SECRETARY, PADIYOOR GRAMA PANCHAYATH, PADIYOOR P.O., KANNUR. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A.No.1215 of 2010 ------------------------------------------ Dated this the 16th day of July, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by an order dated 10th June, 2010 in W.P.(C) No.16722 of 2010 by which a learned Judge of this Court declined to grant an interim order for release of the vehicle seized under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 ('the Act' for short), the writ petitioner therein preferred the instant writ appeal. 2. The vehicle in question was intercepted by around 8.30 in the night on 18.12.2009 by the second respondent while transporting sand. Apart from anything else, Section 12(2) of the Act specifically stipulates that no sand removal operation shall be carried out in a Kadavu before 6 a.m. and after 3 p.m. In the circumstances, we see no reason to interfere with the order under W.A. No.215 of 2010 - 2 - appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns