IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30118 of 2010(L) --------------------------------------- PETITIONER: ------------------- SRI.K.M.SAYYED AMEER ALI, S/O.K.P.MOHAMMED, NEAR MADA TEMPLE, KUNJATHUR P.O., KASARAGOD TALUK AND DISTRICT. BY ADVS. SRI.T.B.SHAJIMON, SMT.GOVINDU.P.RENUKADEVI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. DEPUTY TAHSILDAR, KASARAGOD – 671 121. 3. THE GEOLOGIST, DEPT. OF MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD – 671 121. 4. THE DISTRICT COLLECTOR, KASARAGOD – 671 121. R1 TO R4 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30118 of 2010 (L) --------------------------------- Dated, this the 30th day of September, 2010 J U D G M E N T Petitioner claims to be a licensed dealer of ordinary sand. In this writ petition, the petitioner complains that although he had brought the sand stocked in his premises from outside the State on the strength of Ext.P5 series of transit passes, the same was seized by the 2nd respondent. It is stated that proceedings initiated pursuant to the seizure are pending before the District Collector, before whom the petitioner has filed Ext.P4 representation. It is stated that during the pendency of the proceedings, the sand has been auctioned pursuant to proceedings dated 24/09/2010 by the District Collector, and steps are being taken for removal of the sand from the premises of the petitioner. The petitioner submits that having regard to the fact that the proceedings are still pending before the District Collector, it is premature to take any such steps. It is with these grievances, this writ petition has been filed. 2. Having heard the learned counsel for the petitioner and also the learned Government Pleader, I am inclined to agree with the WP(C) No.30118/2010 -2- learned counsel for the petitioner. As already seen, when proceedings were initiated against the sand that is stocked in the premises of the petitioner, the petitioner has filed his objection by Ext.P4 before the District Collector and the District Collector has to adjudicate the issue. This has not been done, and at that stage, auction has been held and the sand is proposed to be removed. 3. Having regard to the pendency of the proceedings, this writ petition is disposed of with the following directions:- The District Collector before whom confiscation proceedings are pending, shall pass orders in the matter duly adverting to Ext.P4 and as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment. It is directed that in the meanwhile, the sand mentioned in Ext.P3 notice issued by the Village Officer shall not be removed from the premises of the petitioner. The petitioner also shall not utilise the same in any manner. The petitioner shall produce a copy of this judgment before respondents 2 & 4 for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg