IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30832 of 2009(Y)
1. A.NANDAKUMAR, AGED 27 YEARS
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/10/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.30832 of 2009-Y
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Dated this the 30th day of October, 2009.
JUDGMENT
1.The petitioner complains that a few truck loads
of M-sand belonging to him were detained by the
police in the check post. He seeks release of
lorry loads. He states that there is a complete
standstill of the administrative procedure.
2.If the material being transported is river sand,
that may have to be dealt with in accordance with
the appropriate law, having regard to the
prohibition of movement of river sand. But, that
matter has to gain the immediate attention of the
District Collector. If the material is not river
sand but only M-sand, that has to be handed over
without further insisting that it may be river
sand. Certainty in administrative procedure is a
core angle on which rights of citizens would
WPC30416/09 -: 2 :-
stand protected. There cannot also be any delay
in such matters.
For the aforesaid reasons, this writ petition is
ordered directing that on production of a copy of
this judgment, the first respondent will ensure
that the competent authority in the Geology
Department, having jurisdiction over the area, is
contacted with a request to immediately ascertain
the type of sand that is loaded in the lorries
and thereafter, act upon in the light of what is
aforesaid. This exercise shall be carried out
within one week from the date of receipt of a
copy of this judgment. All other issues on merits
are left open.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/141109