SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The constitutionality of certain provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the "Sand Act") and the validity of some of the provisions contained in the Rules framed thereunder (hereinafter referred to as "the Rules") have been challenged in these writ petitions.

(2.) Challenge has been mounted in certain writ petitions against the proceedings taken for alleged contravention of the Act and the Rules framed thereunder, essentially resulting in the confiscation of the vehicles belonging to the petitioners. The competence of the State legislature to enact the Act in question itself has been questioned in some of the writ petitions, though the focus of the submissions made by the learned Counsel for the petitioners, in this regard, has also been centered around the validity of certain provisions in particular. Since, pleadings are complete in W.P.(C). No. 15847 of 2008, I have taken up the same as the leading case. I have heard extensive arguments by the learned counsel for the petitioners, touching upon the legislative competence of the State legislature in passing the Act in question.

(3.) I heard learned Advocate General also in this regard. All the writ petitions were taken up for disposal by consent of parties. I will refer to the bare facts in W.P.(C). No. 15847 of 2008 in the first instance.