IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3440 of 2010(D) ------------------------- PETITIONER: --------------- IJAS AHMED AGED 22 YEARS, S/O.BASHEER, PALLIPARAMBIL HOUSE, ERIYAD, KODUNGALLOOR, THRISSUR. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU SMT.A.SIMI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THRISSUR, REP.BY THE LEARNED GOVT.PLEADER, HIGH COURT OF KERALA. 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KODUNGALLOOR, THRISSUR. REP.BY THE LEARNED GOVT.PLEADER, HIGH COURT OF KERALA. 3. THE SUB INSPECTOR OF POLICE, KODUNGALLOOR, REP.BY THE LEARNED GOVT. PLEADER, HIGH COURT OF KERALA. 4. THE SUB INSPECTOR OF POLCIE, MATHILAKAM, REP.BY THE LEARNED GOVT. PLEADER, HIGH COURT OF KERALA. GOVERNMENT PLEADER: P NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3440 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner is aggrieved by Ext.P1 notice whereby he was required to furnish information as to whether the amount covered by the final orders passed by the District Collector for illegal sand mining have been remitted already. 2. The petitioner claims to be the owner of two vehicles which was used as goods carriage and his father owns another one used for the same purpose. The numbers of the vehicles are KL 07 K 1593, KL 07 BE 7228 and KL-04-S-5429. It is alleged that the proceedings were taken under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules 2002. According to him the vehicle bearing number KL 07 K 1593 has been in the custody of respondents for the last three months, KL 07 BE 7228 for the last six months and KL04- S-5429 for the last two months. It is also stated in the writ petition that the District Collector has not conducted any inquiry into the alleged offences and therefore it is pointed out Ext.P1 which reflects the decision of the District Collector to confiscate the vehicle and sell it in public auction is illegal. W.P.(C)No.3440 of 2010 2 3. The learned Government Pleader on getting instructions submitted that the petitioner’s father and the petitioner were given due notices by the District Collector and the final order passed is under challenge in W.P.(C)No.32187 of 2009. It is submitted that Ext.P1 is only a notice requiring an information whether the amounts have been remitted in terms of the orders passed by the District Collector. If the copies of the orders have not been communicated to the petitioner so far, the petitioner will be free to approach the first respondent for issuance of the copies of the orders. It is up to him to challenge the orders if aggrieved by them. This writ petition is hence dismissed. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj