IN THE HIGH COURT OF KERALA AT ERNAKULAM 

The Hon'ble MR. Justice ANTONY DOMINIC 

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W.P.(C) NO. 38662 OF 2010 (G)

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Dated this the 3rd day of January, 2011 

1. RAJAN, S/O.BALAN,

... Petitioner

Vs

1. THE SUB INSPECTOR OF POLICE, ... Respondent

2. THE SUB DIVISIONAL MAGISTRATE,

3. THE DIRECTOR,

For Petitioner :SRI.P.M.ZIRAJ 

For Respondent : No Appearance 

J U D G M E N T

The prayer sought in the writ petition is mainly to direct the respondents to test the sand seized from the petitioner's mini lorry bearing Regn.No.KL-9 V/8080. There is no provision either in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 or elsewhere, obliging the 2nd respondent to send the sand for testing as sought for. In such circumstances, this Court will not be justified in passing an order as sought for.

2. Be that as it may, it is for the petitioner to move the 2nd respondent and seek orders on the representation. With that liberty, the writ petition is disposed of. 

ANTONY DOMINIC, JUDGE

Rp