LAWS(KER)-2012-10-13

VALSALAKUMARI Vs. THAHASILDAR MAVELIKKARA TALUK

Decided On October 01, 2012
VALSALAKUMARI Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved by the seizure of certain quantities of sand, which according to the petitioner, is illegal, for various reasons pointed out in the Writ Petition.

(2.) THE total quantity of sand is 6 lorry loads, which was collected by the petitioner for construction of a house in the premises. Exhibit P1 is the copy of the plan and the petitioner is alleged to have made certain preparations for construction of the house and in support of the above plea, Exhibits P2 and P3 photographs have been produced. According to the respondents, the item collected by the petitioner is river sand, whereas the petitioner maintains that the sand collected is ordinary sand ('Karamanal').

(3.) IN the light of the controversy between the parties, the petitioner will approach the District Collector seeking appropriate orders with regard to the release of the sand and to exonerate her from any further proceedings in the matter, since it is maintained by the learned counsel for the petitioner that the petitioner has not violated any of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act or the Kerala Minor Mineral Concession Rules.