IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13043 of 2005(C)
1. YESUDHARAN NAIR, AGED 48 YEARS,
... Petitioner
Vs
1. DISTRICT COLLECTOR, KOLLAM.
... Respondent
2. REVENUE DIVISIONAL OFFICER, KOLLAM.
3. SUB INSPECTOR OF POLICE, KUNNIKODE.
4. CIRCLE INSPECTOR OF POLICE, VIGILANCE &
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :25/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.13043 of 2005
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Dated 25th July, 2008.
J U D G M E N T
The writ petition is filed mainly with the following
prayer :-
“To issue a writ of mandamus declaring that the
taking into custody and keeping the same in illegal custody of
petitioner’s vehicle bearing registration No.KL-2/R-8998 in view of
the permit and licenses held by the petitioner as unjust and
arbitrary and illegal and to declare the same.”
It is seen from the statement that a fine of Rs.20,000/- has been
imposed on the petitioner, in addition to royalty and value of
sand. It is also stated in the statement that the petitioner has
been transporting river sand and not ordinary sand. Be that as it
may, there is already an interim direction dated 29.4.2005 by this
court to release the vehicle on furnishing bank guarantee to the
tune of Rs.20,000/-. There will be a direction to the District
Collector to pass final orders in the matter, pursuant to the
seizure of the vehicle, with notice to the petitioner within four
months from the date of production of a copy of the judgment.
The fate of the bank guarantee executed by the petitioner will
depend on the order thus passed by the District Collector.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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W.P.(C) No.13043 of 2005
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J U D G M E N T
Dated 25th July, 2008.