IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 37186 of 2008(B) -------------------------- PETITIONER(S): ------------------ 1. V.K. KURIAN, AGED 47, S/O. LATE V.T. KURIAN, VATHALLOORKALAYIL HOUSE, PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DIST. 2. NISHA KURIAN, AGED 40 YEARS, W/O. V.K. KURIAN, VATHALLOORKALAYIL HOUSE, PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DIST. 3. GIGI ABRAHAM, AGED 37 YEARS, S/O. ABRAHAM, ATHAPPALLIYIL HOUSE, VETTIMUGAL P.O., ETTUMANOOR, KOTTAYAM DIST. 4. A.N. DAMODARAN, AGED 76 YEARS, S/O. THE LATE ACHUTHAN,ALAKKAL, PUNNATHURA PO, ETTUMANOOR, KOTTAYAM DIST. 5. A.D. PRASANNAN, AGED 44 YEARS, S/O. AN. DAMODARAN, ALAKKAL, PUNNATHURA P.O., ETTUMANOOR, KOTTAYAM DIST. 6. K.P. ANISH, AGED 26 YEARS, S/O. CHELLAPPAN,KALARICKAL HOUSE, KATTACHIRA,ETTUMANOOR, KOTTAYAM DIST. 7. JOMON JOSEPH, AGED 36 YEARS, S/O. THE LATE M.K. JOSEPH, KOTTAKKUPURAM, PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DIST. 8. K.V. SUDHISHKUMAR, AGED 30 YEARS, S/O. THE LATE K.V. VELAYUDHAN NAIR, KIZHAKKOT VEEDU, AYARKUNNAM, KOTTAYAM DIST. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD SMT.SUMEY CHANDRAN WPC NO.37186/08 -2- RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. REVENUE DIVISIONAL OFFICER, KOTTAYAM. 4. TAHSILDAR, KOTTAYAM. 5. DEPUTY TAHSILDAR, KOTTAYAM. 6. VILLAGE OFFICER, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 7. VILLAGE OFFICER, AYARKUNNAM VILLAGE, KOTTAYAM DISTRICT. 8. VILLAGE OFFICER, PEROOR VILLAGE, KOTTAYAM DISTRICT. 9. SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION. 10. S.I OF POLICE,AYARRKUNNAM POLICE STATION GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, ALONG WITH WPC NO.37264/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 37186 & 37264 OF 2008 ======================== Dated this the 2nd day of January, 2009 J U D G M E N T In these writ petitions, petitioners contend that their country boats have been seized on the allegation that the boats have been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act and Rules. 2. Admittedly, the boats have been seized, and if that be so, it is for the District Collector to pass final orders in the matter. This having not been done, I dispose of these writ petitions directing that on production of a copy of this judgment, the 2nd respondent in these writ petitions shall pass final orders in relation to the proceedings initiated against the petitioners country boats under the aforesaid Act. This shall be done, as expeditiously as possible, at nay rate within 15 days of production of a copy of this judgment. Needless to say that before final orders are passed, the petitioners shall be heard. Petitioners shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp