IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7500 of 2008(P) ------------------------- PETITIONER: ------------ 1. JESSY MATHEW, VAZHIPLAKKAL HOUSE NEDUMKUNNAM P.O., CHENGANACHERY TALUK. 2. SAINUDHEEN, S/O.MOIDEEN RAWTHER THATTAPARAMBIL HOUSE, NEDUMKUNNAM P.O. CHENGANACHERRY TALUK. BY ADV. SRI.PHM.BASHEER RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE KOTTAYAM. 3. TAHASILDAR, TALUK OFFICE, KOTTAYAM. BY GOVERNMENT PLEADER SRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7500 of 2008 ------------------------------------- Dated: MARCH 4, 2008 JUDGMENT The complaint of the petitioner is that two lorries bearing registration Nos.KL 7-U 1485 and KL-8 H-6775 belonging to the 1st petitioner and lorry bearing registration No.KL-7U 8215 belonging to the 2nd petitioner has been detained on the allegation that these vehicles were involved in the unauthorised transportation of river sand. The complaint of the petitioners is that despite having taken these lorries into custody, proceedings in terms of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2002 have not been completed by the 2nd respondent so far. It is in this situation this writ petition has been filed praying that the vehicles be directed to be released as they are exposed to sun and rain without giving finality to the proceedings. 2. Having regard to the fact that the lorries have been seized on the allegation of violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act and WP(C) 7500/08 Page numbers Rules, 2002, in my view, at this stage, what is required to be done is to direct the 2nd respondent to pass orders in terms of Rule 27 of the said Rules. Accordingly I dispose of this writ petition directing that orders in terms of Rule 27 of Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2002 shall be passed by the 2nd respondent in respect of the vehicles of the petitioners. This shall be done as expeditiously as possible, at any rate, within ten days of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Issue copy today itself. mt/-