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Judgment
K. Vinod Chandran, J
The petitioner claims to be the owner in possession of three goods vehicles bearing registration Nos. TN38-AT-4848, GA-02-V-7719, GA-02-V-7712 and is engaged in the business of transporting goods. All the three vehicles of the petitioner were detained by the first respondent on 19.10.2008 when allegedly the vehicles were transporting sand from Tamilnadu into the State of Kerala. The petitioner has also produced the invoices with respect to the goods, ie; sand, transported in each of the vehicles as Exts. P1,P3 and P5. The extract of the goods vehicle record of each of the vehicles containing the endorsement and seal of the check post authorities at Gopalapuram and Meenakshipuram were also produced as Exts. P2, P4 and P6. The petitioner contends that the same were also shown to the first respondent who refused to look into it and proceeded to seize the vehicle under the provisions of Kerala Protection of River banks and Regulation of Removal of Sand Act, 2001 (herein short as the ''Act). The petitioner contends that the goods transported in the three vehicles of the petitioner are not covered by the said enactment, since what was transported was the sand escavated from the State of Tamilnadu. The import of sand into the State of Kerala it was contended, was after satisfying the liability to tax and no permission from the local authorities or other authorities in the State of Kerala are required for such transportation. However, without reference to any of the valid contentions made by the petitioner, the first respondent reported the seizure and transferred the files and the vehicles to the third respondent, along with about 40 other vehicles. If as stated by the petitioner, the proceedings initiated by the first respondent are under the said Act; the Rules contemplate proceedings only before the Judicial Magistrate having jurisdiction, as is held by the Division Bench in Sujith Vs. State of Kerala, .
In such circumstances, I dispose of the writ petition directing that, on the production of a certified copy of this judgment, the third respondent will produce the vehicle in question before the Judicial Magistrate having jurisdiction, forthwith, at any rate within two weeks from the date of receipt of a copy of this judgment; if the proceedings have not so far been concluded. If the proceedings have been concluded, then it is open to the petitioner to seek appropriate remedies in accordance with law. However, subject to the laws of limitation, if any, applicable.
Writ petition is disposed of as above, without costs.