IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 17821 of 2011(C) -------------------------- PETITIONER(S): ----------------------- JOHNSON VARGHESE, S/O.DEVASSY, PYNADATH HOUSE, EDAKUNNU, PATHUVAPURAM P.O., ANGAMALY, KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.SHAJI SMT.MALU JOHN SMT.NAMITHA JYOTHISH RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, KOLLENGODE, PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. ADDITIONAL TAHASILDAR, PALAKKAD. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT.SECRETARIAT, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17821/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLE KL 41 6478. EXT.P2: TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLE KL 41 A 1380. EXT.P3: TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLE KL 41 A 8436. EXT.P4: TRUE COPY OF THE NOTICE DATED 27.6.11 OF THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17821 OF 2011 (C) ===================== Dated this the 11th day of July, 2011 J U D G M E N T Ext.P4 is a notice issued by the 1st respondent calling upon the petitioner, the owner of the three vehicles mentioned therein to report before him for an enquiry into the petition filed by the District Collector, Palakkad with all relevant documents of the vehicles and also to produce the vehicles. It is challenging Ext.P4 the writ petition was filed. 2. In the writ petition, petitioner says that there is absolutely no reason for the respondents to have called upon the petitioner for production of the vehicles or the documents pertaining to the vehicles. When the writ petition came up for orders on 1/7/11, this Court directed the learned Government Pleader to obtain instructions and also directed that Ext.P4 shall not be implemented. Today when the matter was taken up, on instructions obtained, the learned Government Pleader submits that on 26/5/11 at 11.45 p.m, Tahsildar, Chittoor found the vehicles engaged in the transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks WPC No. 17821/11 :2 : and Regulation of Removal of Sand Act, 2001. It Is stated that on noticing the same, the vehicles were ordered to be taken to the Kollengode Police Station and that instead of obeying the above direction, the drivers of the vehicles escaped from the scene with the vehicles. It is stated that on the next day itself, the Tahsildar filed a complaint before the Kollengode Police reporting the above. Further, Tahsildar also reported the matter to the District Collector, who directed the Superintendent of Police to issue instructions for taking the vehicles into custody. It is stated that, in pursuance to all the above, Ext.P4 was issued. 3. From the submissions made by the learned Government Pleader, it is obvious that it was as part of the proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 that the vehicles and the documents pertaining to the vehicles have been asked to be produced. 4. In my view, in the nature of the facts as disclosed by the learned Government Pleader , no fault can be found with Ext.P4. Therefore, petitioner will have to produce the vehicles and the documents before the 1st respondent, who on receipt thereof, WPC No. 17821/11 :3 : will take appropriate action in the matter in accordance with law. Needless to say that if proceedings are initiated, the Sub Divisional Magistrate concerned will finalise the proceedings, as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp