High Court Kerala High Court

K.P.Leela vs The Deputy Tahsildar on 26 November, 2007

Kerala High Court
K.P.Leela vs The Deputy Tahsildar on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34800 of 2007(P)


1. K.P.LEELA, W/O. SIVANANDAN,
                      ...  Petitioner

                        Vs



1. THE DEPUTY TAHSILDAR,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.A.MOHAMED MUSTAQUE

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/11/2007

 O R D E R
                      ANTONY DOMINIC, J

                            -------------------

                        W.P.(C).34800/2007

                            --------------------

         Dated this  the  26th  day of November, 2007


                            JUDGMENT

Under Ext.P3 seizure mahazar, a lorry bearing

registration No.KL-13-K-2788 of which the petitioner

claims to be the registered owner, has been seized on the

allegation that it was involved in the unauthorized

transportation of river sand. Complaining that though an

application has been made to the second respondent for

the interim custody of the vehicle, no order has been

passed thereon, this writ petition has been filed praying

to release the vehicle.

2. In view of the pendency of the proceedings before

the second respondent, it is for the second respondent to

complete the proceedings under Rule 27 of the Protection

of River Banks Regulation of Removal of Sand Rules. At

this stage, in view of the pendency of the proceedings, I

am not inclined to direct the release of the lorry. In my

view the proper course is to direct the second respondent

W.P.(C).34800/2007

2

to pass orders under Rule 27 of the Rules, with notice

to the petitioner.

3. Accordingly I dispose of this writ petition with a

direction to the second respondent to finalize the

proceedings in respect of the lorry mentioned, with

notice to the registered owner of the vehicle as

expeditiously as possible at any rate within ten days on

receipt of a copy of this judgment.

4. Petitioner shall produce a copy of this judgment

before the second respondent for compliance.

ANTONY DOMINIC

Judge

mrcs