P.R. Ramachandra Menon, J.

1. Constitutional validity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 ('Sand Act' in short); the Rules framed under Sec. 26 of the Said Act and the relevant provisions of the Ordinance bearing No.38/10 whereby the provisions regarding the confiscation and the further steps have been detailed and incorporated as per Sections 23 and 23A to 23D, is under challenge in most of these cases, particularly the Appeals and some of the writ petitions; while the other cases have been tagged on with the former group. The main contention is that, it is beyond power and competence of the State, as the entire topic with regard to the legislation for minor minerals has been taken over by the Union as enlisted under Entry No.54 of List I; giving no room for the State to legislate on the same subject with reference to Entry No.23 of List II of the 7th Schedule of the Constitut of India.

2. The challenge raised before this Court takes its origin from the orders passed by the concerned District Collector of various districts, pursuant to seizure of the vehicles, in which the river sand was being transported, contrary to the re