IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 681 of 2009()
1. P.ABDUL GAFOOR,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :20/03/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A.No. 681 of 2009
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Dated, this the 20th day of March, 2009
JUDGMENT
S.R.Bannurmath, C.J.
This writ appeal is filed challenging the order passed by
the learned Single Judge dated 9th February, 2009 dismissing
W.P. (C) No.4134 of 2009 filed by the appellant herein
challenging the seizure of the tipper lorry bearing Registration
No.KL-10/T.2357 on 13.9.2008 while transporting river sand
without valid authorization/pass and for ordering deposit of
Rs.1,40,000/- for release of the vehicle.
2. After hearing the learned counsel and going through
the records and the impugned order passed by the learned Single
Judge, we do not find any illegality or error for a reconsideration.
Admittedly, the appellant did not possess any authorized pass for
transportation of river sand. His contention that he had pass is
without any basis and proof. Similarly, the contention that copy of
W.A. No. 681 of 2009
– 2 –
the mahazar was not served on the appellant is also of no use since
no prejudice is caused to the appellant by the non-furnishing of the
mahazar. Noting the fact that the vehicle is being used for
unauthorized transportation of sand on earlier occasions also, the
order passed by the District Collector for seizure and considering
the year of make of the vehicle, fixing the value of the seized
vehicle at Rs.1,40,000/- appears to be just and proper and as such
the impugned order passed by the learned Single Judge needs no
interference.
The writ appeal stands dismissed.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns/dk.