High Court Kerala High Court

V.J.Thomas vs State Of Kerala on 27 June, 2008

Kerala High Court
V.J.Thomas vs State Of Kerala on 27 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33335 of 2007(R)


1. V.J.THOMAS, AGED 45 YEARS,
                      ...  Petitioner
2. KUTTIYACHAN XAVIER, AGED 50 YEARS,
3. N.T.THOMAS, AGED 50 YEARS,
4. T.M.JOSEPH, AGED 60 YEARS,
5. MARY JOHN, AGED 60 YEARS,
6. JOSEPH PHILIP, AGED 52 YEARS,
7. T.B.MURALIDHARAN, AGED 46 YEARS,
8. T.B.CHANDRA BABU, AGED 43 YEARS,
9. T.B.MANOJ, AGED 34 YEARS,
10. KURIAN JOSEPH, AGED 52 YEARS,
11. PAILO JOSEPH, AGED 62 YEARS,
12. N.V.NARAYANAN, AGED 49 YEARS,
13. SREEYESH RAJAPPAN, AGED 25 YEARS,

                        Vs



1. STATE OF KERALA, REP. BY ITS
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE REVENUE DIVISIONAL OFFICER,

4. THE TAHSILDAR,

5. CANAL OFFICER,

6. SUB INSPECTOR OF POLICE,

7. MUTHOLY GRAMA PANCHAYATH,

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  :SRI.SUNIL CYRIAC,SC,MUTHOLY GRAMA PANCH

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :27/06/2008

 O R D E R
                         KURIAN JOSEPH, J.
               ---------------------------------------
                  W.P.(C) No. 33335 OF 2007
               ---------------------------------------
             Dated this the 27th day of June, 2008.


                           J U D G M E N T

Petitioners approached this Court aggrieved by the seizure

of their country boats on the allegation that those boats have

been used for unauthorized mining and transportation of sand.

There is already an interim order dated 27.11.2007 to release the

country boats. One of the main grievances of the petitioners is

that the impugned action has been taken without notice to them.

2. There will be a direction to the second respondent/

competent authority to issue notice to the petitioners, hear their

objections and any other affected party and pass appropriate

orders in the matter in accordance with law within a period of six

months from today. The fate of the undertaking as per the

interim order dated 27.11.2007 will depend on the action thus

taken by the second respondent/competent authority.

This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp

KURIAN JOSEPH, J.

W.P.(C) No. 33335 OF 2007

J U D G M E N T

27.06.2008