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2011 Supreme(Online)(KER) 39963

HIGH COURT OF KERALA
ANTONY DOMINIC, J
FAISAL K – Appellant
Versus
THE DIST COLLECTOR AND OTHERS – Respondent


JUDGMENT

Petitioners in these writ petitions are owners of lorries bearing registration Nos.KL 58/4527, KA-19/B-6691, KA- 21/9553, KL-11/W-3791 and KL-13/N-176. According to them after complying with all statutory formalities, they procured river sand from Karnataka State. It is stated that after paying tax at the check post, the vehicle entered the State and thereafter the vehicles were sezied on the allegation that transportation is in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2011. It is there upon, contending that the proceedings are illegal, these writ petitions have been filed.

2. Admittedly proceedings have been initiated against the petitioners on the allegation that transportation of river sand is in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2011. Such proceedings are pending before the Sub Divisional Magistrate, the statutory authority under the Act. If for any W.P.(C)s.24711 & 24716/11 reason the said proceedings are illegal and liable to be set aside, it is for the petitioners to raise contentions before the said authority and it is f

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