IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 720 of 2011(L) ---------------------- PETITIONER: ------------------ PRAMOD.K., S/O. SETHUMADAVAN, AGED 32 YEARS, KALLARKUNNATH-HOUSE, PALLOOR.P.O., VARAVATTOOR, THRISSUR DIST(RC OWNER OF KL-08/J-1809). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ----------------------- 1. THE SUB-DIVISIONAL MAGISTRATE/RDO, OFFICE OF THE RDO, THRISSUR-680001. 2. SUB INSPECTOR OF POLICE, ERUMAPPETTY POLICE STATION, ERUMAPPETTY.P.O., THRISSUR DIST-680583. 3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVT., LAW DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. R1 TO R3 BY SR. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 720 of 2011 -------------------------- Dated this the 17th March, 2011 J U D G M E N T The petitioner is stated as aggrieved of Ext.P3 order passed by the 1st respondent under the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 in respect of the alleged illegal transportation of river sand in a Mini Lorry bearing Reg. No.KL-08/J/1809 on 23.7.2010. The prayers are as given below:- "I. Issue a writ of certiorari and quash EXt.P3 and its all further proceedings.; II. Declare that Sections 23, 23-A, 230B, 23-C and 23-D of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2011 and Rules 27 and 28 of the Rules framed there under are encroaching upon the provisions contained in the Central Act 67 of 1957 and Kerala Minor Mineral Concession Rules, 1967 and the same are void and liable to be struck down in view of Article 246 (i) and 254 (i) of the Constitution of India. III. Declare that the State of Kerala is not legislatively competent to enact Sections 23, 23 A, B, C & D of the Act5 18 of 2001 and Rules 27 and 28 of the Rules framed thereunder, in view of the Entry 54 in List I of Schedule VII of the Constitution of India and Entry 23 in List II of Schedule VII of the W.P (C) No. 720 of 2011 2 Constitution of India; IV. Declare that Sections 23, 23, A,B,C and D of the Act 18 of 2001 and Rules 27 and 28 of the Rules framed thereunder are unconstitutional and the same are liable to be struck down from the Act 18 of 2001" 2. Heard the learned Government Pleader as well. 3. The constitutional validity of the relevant provisions of law has already been upheld by a Division Bench of this Court, as per judgment dated 14.3.2011 in W.A.No.3005 of 2007 and connected cases. 4 Going by the facts and averments in the writ petition and also going to the relevant provisions of law, this Court finds that in respect of the challenge on other grounds, alternate remedy is available before the District Collector as provided under the Statute. 5. In the said circumstances, no interference is warranted and the writ petition is dismissed without prejudice to the rights and liberties of the petitioner to pursue the statutory remedy, as available to him, in accordance with law. If any such revision petition is filed before the competent authority/ District Collector within W.P (C) No. 720 of 2011 3 'ten' days from the date of receipt of a copy of this judgment, the same shall be accepted and appropriate orders shall be passed by the revisional authority, in accordance with law, as expeditiously as possible. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge