MUHAMMED SALIM Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER is the owner of a lorry bearing Regn.No.KL-29 A 281. According to the petitioner, 1st respondent took the vehicle into custody on 30/10/11 when the lorry was used for transportation of ordinary sand. Thereafter he made Ext.P1 report to the 2nd respondent, which according to the petitioner states that the offence alleged is for violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and described the sand transported as river sand. It is stated that thereafter on an application made by the petitioner, the sand in question was tested by the Geologist and the Geologist also submitted Ext.P4 report. Despite all this, there is no progress in the mater and the lorry remains under detention even now. It is in these circumstances, petitioner filed this writ petition seeking a direction to the respondents to finalise the proceedings, be it under the Mines and Minerals (Development and Regulation) Act or under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

(2.) LEARNED Government Pleader who has obtained instructions in the matter submits that when the lorry was taken into custody on 30/10/11, it was used for the transportation of river sand and that proceedings against the vehicle will have to be completed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Now that such a submission has been made before this Court, necessarily the District Collector concerned will have to finalise the proceedings.