IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14033 of 2009(Y)
1. ABDUL MANAF, S/O.JAMALUDHEEN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :22/05/2009
O R D E R
V.GIRI, J
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W.P.(C).14033 of 2009
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Dated this the 22nd day of May, 2008
JUDGMENT
The petitioner is the registered owner
of a Mini Lorry bearing registration No.KL-07-
AZ-4495, which was seized on the allegation
that it was being used for illegal
transportation of sand by the 2nd respondent.
The petitioner submits that the transportation
was done with a valid pass issued to him.
2. First respondent is the competent
authority to pass final orders in terms of the
provisions of the Kerala Protection of River
Banks (Protection and Regulation of removal of
sand) Act, 2002, and the Rules framed
thereunder. The petitioner has sought for the
release of the vehicle as per Ext.P1.
Having heard learned Government Pleader
also, writ petition is disposed of directing
the first respondent to pass orders in the
matter of seizure and confiscation of vehicle
belonging to the petitioner bearing
registration No.KL-07-AZ-4495, in terms of the
W.P.(C).14033 of 2009
:: 2 ::
provisions of Section 23 of the Act and Rule
27(3) of the Rules, keeping in mind the
principles laid down in the decision reported
in Subramanian v. State of Kerala {2007(1)
KLT 77}, within a period of four weeks from
the date of receipt of a copy of this
judgment. The District Collector shall
consider the contention of the petitioner
whether the transportation was covered by a
pass issued in that behalf.
Sd/-
(V.GIRI)
Judge
sk/-
//true copy//
P.S. to Judge