IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38245 of 2007(C) -------------------------- PETITIONER: ------------ RIYAS BABU, S/O ABDULLAKUTTY, AGED 26 YEARS, VALAPPURAM HOUSE, MAMPAD, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, NILAMBUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE MAMPAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R1, R2 & R4 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008 ALONG WITH WP(C) Nos. 38246 & 38248/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = = = = = W.P.(C) Nos. 38245, 38246 & 38248 OF 2007 = = = = = = = = = = = = = = = = = = = = = Dated this the 1st January, 2008 J U D G M E N T In these cases proceedings have been initiated against the petitioners on the allegation that their respective vehicles have been involved in unauthorised transportation of river sand. While the matter is pending consideration of the District Collector in terms of Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules 2002 these writ petitions have been filed praying for release of the vehicles. 2. The relief sought for is on the basis that there has been inordinate delay on the part of the District Collector concerned in finalising the matter. Now that proceedings have to be finalised in terms of Rule 27 of the Rules I do not think that an order directing release of the vehicles at this stage is justified. The District Collector being the statutory authority authorised in terms of Rule 27 of the Rules has to consider the rival contentions of the parties WPC Nos. 38245, 38246 & 38248/07 -2- and decide the matter on that basis. 3. This the District Collector shall do as expeditiously as possible, at any rate within 10 days of production of a copy of this judgment. Before final orders are passed the petitioners shall be given notice. ANTONY DOMINIC JUDGE jan/-