IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30536 of 2008(I) -------------------------- PETITIONER(S): --------------- MAJEED K.S., S/O SAINUDEEN K.M., AGED 50 YEARS, JASMINE MANSIL, KATTOOR PETTA MURI, CHERUKOL VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA 2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA 3. THE TAHSILDAR, MALLAPPALLY TALUK, PATHANAMTHITTA 4. MOHANAN P.N., S/O NARAYANAN NAIR, THENMUTTUMANNIL VEEDU, MARAMAN, THOTTAPUZHASSERY, KOZHENCHERRY TALUK, PATHANAMTHITTA BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30536/2008 -------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner is the present owner of a Mini Tipper Lorry bearing registration No. KL-27/1438, which was seized by respondents 2 and 3, on the allegation that it was being used for illegal transportation of river sand without any valid pass or document. Petitioner has Ext.P1 permit from the competent authority for the transportation of river sand. In spite of producing Ext.P1 permit along with other documents before the first respondent, vehicle has not been released to him. First respondent is to pass final orders in the matter of seizure of the petitioner's vehicle, in terms of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and the Rules framed thereunder. Petitioner has sought for the release of the vehicle forthwith. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the first W.P.(C).30536/2008 2 respondent to adjudicate the matter in connection with the seizure and confiscation of the vehicle belonging to the petitioner bearing registration No. KL-27/1438 in terms of the provisions of Section 23 of the Act and Rule 27(3) of the Rules, within a period of two weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs