A.G.Danesh vs The Sub Inspector Of Police on 6 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 347 of 2008(N)


1. A.G.DANESH, S/O.APPUKUTTAN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, ERNAKULAM.

3. THE MINERAL REVENUE INSPECTOR,

4. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/02/2009

 O R D E R
                        ANTONY DOMINIC, J.
                  -------------------------
                     W.P.(C.) No.347 of 2008
            ---------------------------------
            Dated, this the 6th day of February, 2009

                           J U D G M E N T

Ext.P4 order is under challenge. This order is passed by the

2nd respondent in exercising his powers under the Kerala Protection

of River Banks and Regulation of Removal of Sand Act, 2001. In the

order, the 2nd respondent has found that the vehicle bearing

Regn.No.KL-36/4162 was engaged in unauthorised transportation

of river sand. This finding has been arrived at only on the basis of

the mahazar, which was prepared at the time of seizure.

2. In my view, the 2nd respondent has not properly

appreciated the rival claims and the adjudication is therefore

defective. Therefore, I quash Ext.P4 and direct the 2nd respondent

to consider the matter afresh and pass orders with notice to the

petitioner.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg