P.K. SATHEESH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONER is a dealer in sand having necessary licence for storing and selling minor minerals.

(2.) ACCORDING to the petitioner, he purchased sand from Kodungallur/Munambam port and transported the same in his tipper lorries bearing registration Nos.KL 3G 7481 and KL 3L 2010. It is stated that on 17.3.2012 these vehicles were detained by the first respondent on the allegation that what was transported was river sand violating the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.

(3.) IN the adjudication proceedings, petitioner raised a contention that what he transported was estuary sand and not river sand. In view of the contentions raised by him a report was sought from the Senior Geologist, Alappuzha. Accordingly, the Senior Geologist submitted Ext.P18 report, which is an inconclusive one and stating that the sample produced resemble the sand which is found in the coastal areas. Thereupon the District Collector issued Ext.P19 seeking clarifications to which the Geologist replied by Ext.P20, stating that the authority competent in the matter is the Director of Mining and Geology. The matter stands at this stage and it is while so that this writ petition has been filed and what the petitioner seeks is release of his lorries and he also seeks to quash the proceedings pending before the District Collector.