IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 6851 of 2008(N) ------------------------- PETITIONER: ------------ C.PONNACHI, W/O.LATE NATARAJAN, AGED 65 YEARS, PONNIMOOLAI VILA VEEDU, PAYANAM, UNNAMALAIKADA P.O., KANYAKUMARI DISTRICT. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, OFFICE OF THE DISTRICT COLLECTOR, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR, THIRUVANANTHAPURAM. 3. THE SUB-INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6851 of 2008 ------------------------------------- Dated: MARCH 7, 2008 JUDGMENT In this writ petition, a lorry bearing registration No.TN 63 Z - 7669 loaded with sand has been detained on the allegation of having unauthorisedly transported river sand offending the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Petitioner has a definite contention that the sand in question has been brought from Tamil Nadu and that he has also produced documents to sustain this contention. 2. However, I feel that a factual finding on the claim raised by the petitioner is necessary and that the competent authority to adjudicate this issue is the 1st respondent, the District Collector, who is to exercise his powers under Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. 3. Therefore, I dispose of this writ petition directing that on production of a copy of this judgment, the 1st respondent shall expeditiously finalise the proceedings against the vehicle involved in WP(C) 6851/08 Page numbers this writ petition. 4. In view of the specific contention of the petitioner that the sand in question was transported from Tamil Nadu and that it was not river sand, it will be open to the petitioner to submit an appropriate application to the 1st respondent to have the sand inspected by the concerned Geologist. If such an application is filed, the 1st respondent shall pass orders thereon within ten days of receipt of such application. ANTONY DOMINIC, JUDGE mt/-