IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6364 of 2010(U)
1. SHAMON.P.S, AGED 34, S/O.SHAHUL,
... Petitioner
Vs
1. DISTRICT COLLECTOR, CIVIL STATION,
... Respondent
2. SUB-INSPECTOR OF POLICE,
For Petitioner :SRI.P.A.MOHAMMED SHAH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.6364 OF 2010
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Dated this the 3rd day of March, 2010.
J U D G M E N T
The petitioner is the registered owner of 1993 model, TATA
608 Mini Lorry bearing Registration No.KL-7/E 5325. On
17.02.2010, the vehicle was loaded with two metric tonnes of
sand from the depot at Changanacherry owned by one Nazir.K.
According to the petitioner, he had paid an amount of Rs.2,400/-
for the sand and the licensee gave a P Form which is issued
under Rule 48K of Minor Mineral Concession Rules, 1967. The
same is produced as Exhibit P2. It is averred in the writ petition
that in the P Form the time for departure was specified as
6.55p.m on 17.02.2010. The vehicle was seized by the
2nd respondent on the allegation of illegal transportation of sand.
In paragraphs 3 and 4 of the writ petition, the petitioner has
explained certain events including the break down of the vehicle
while plying.
2. According to the petitioner, he has filed Exhibit P5
W.P.(C) No.6364/2010 2
application before the 1st respondent seeking for interim custody
of the vehicle. It is submitted that the seizure itself is illegal and
there was valid pass for transportation of the sand. It is also
submitted that the authorities have not properly considered the
documents produced by the driver of the vehicle.
It is submitted by the learned counsel for the petitioner that
the matter is posted for hearing today at 3.30 p.m. There will be
a direction to the 1st respondent to pass appropriate orders, after
hearing the petitioner, within a period of seven days. The
petitioner will produce a copy of this judgment along with a copy
of the writ petition for compliance. While considering the
contentions of the petitioner, the 1st respondent will verify the
originals of the documents produced by the petitioner as
Exhibits P2, P3 and P4.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp