IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 5425 of 2009(W) ------------------------- PETITIONER(S): ----------------------- SREEJIMON, S/O.PURUSHOTHAMAN, SREENI BHAVANAM, NOORANAD P.O., MAVELIKKARA. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR. GOVERNMENT PLEADER MR.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 5425 of 2009 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE R.C. PARTICULARS OF THE VEHICLE EXT.P2:- COPY OF THE VEHICLE PERMIT DTD 28.01.09 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.5425 of 2009 ----------------------------------- Dated this the 24th day of June 2011 J U D G M E N T Petitioner is the registered owner of a HGV-Goods Carrier Truck (Tipper) bearing Reg.No.KL 31-A-1751. Proceedings were initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. This writ petition was filed seeking the following prayers :- “i) Issue a writ of Mandamus, any other writ, order or direction commanding to the 2nd respondent to conduct an enquiry as stipulated in section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001, before imposing any fine on the petitioner with opportunity of being heard to the petitioner. ii) Issue a writ of mandamus, any other Writ or order or direction commanding the respondents to release the petitioner's HGV-Goods Carrier Truck (Tipper), bearing Registration No.KL 31-A-1751 without insisting for payment of fine.” 2. At the admission stage, an interim order was passed directing to release the vehicle and accordingly, the W.P.(C).No.5425 of 2009 -: 2 :- vehicle was released. 3. Therefore, at this stage all that is necessary is to direct the respondent to adjudicate the matter in accordance with the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 with notice to the petitioner and pass final orders. 4. Until orders are passed, interim order passed by this Court, on the strength of which the vehicle was released to the petitioner, will remain in force. Petitioner shall serve a copy of this judgment along with a copy of this writ petition to the first respondent, who shall make necessary arrangements to forward the relevant files to the Sub Divisional Magistrate for completing the adjudication as directed above. ANTONY DOMINIC, JUDGE. Jvt