High Court Kerala High Court

Mujeeb Rahman vs The District Collector on 29 November, 2010

Kerala High Court
Mujeeb Rahman vs The District Collector on 29 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1953 of 2010()


1. MUJEEB RAHMAN, AGED 21,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE, TIRUR.

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :29/11/2010

 O R D E R
   C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
            ----------------------------------
                       W.A.No.1953 of 2010
             ---------------------------------
           Dated, this the 29th day of November, 2010

                           J U D G M E N T

Ramachandran Nair, J.

This Writ Appeal is filed against the judgment of the learned

Single Judge setting aside the detention order issued by the District

Collector, with a direction to the District Collector to reconsider the

matter.

2. When the matter came up for admission, the Division

Bench directed the learned Government Pleader to get instructions

from the District Collector. It is now reported that the vehicle was

carrying sand with a valid pass. The detention was at 3.00 pm,

whereas the pass was valid till 4 pm. In the circumstances, this Writ

Appeal has to be allowed by vacating that part of the judgment of

the learned Single Judge remanding the matter to the District

Collector for reconsideration.

Therefore, this Writ Appeal is allowed in part confirming the

judgment of the learned Single Judge cancelling the impugned

order, with a direction to the respondents to release the vehicle with

W.A.No.1953/2010
-2-

the load of sand unconditionally to the petitioner in the writ

petition.

This Writ Appeal is allowed in part.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(BHABANI PRASAD RAY, JUDGE)

jg