High Court Kerala High Court

Abdul Manaf vs The District Collector on 22 May, 2009

Kerala High Court
Abdul Manaf vs The District Collector on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14033 of 2009(Y)


1. ABDUL MANAF, S/O.JAMALUDHEEN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, THRISSUR.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :22/05/2009

 O R D E R
                          V.GIRI, J
            --------------------------------------------
               W.P.(C).14033 of 2009
            --------------------------------------------
       Dated this the 22nd day of May, 2008

                      JUDGMENT

The petitioner is the registered owner

of a Mini Lorry bearing registration No.KL-07-

AZ-4495, which was seized on the allegation

that it was being used for illegal

transportation of sand by the 2nd respondent.

The petitioner submits that the transportation

was done with a valid pass issued to him.

2. First respondent is the competent

authority to pass final orders in terms of the

provisions of the Kerala Protection of River

Banks (Protection and Regulation of removal of

sand) Act, 2002, and the Rules framed

thereunder. The petitioner has sought for the

release of the vehicle as per Ext.P1.

Having heard learned Government Pleader

also, writ petition is disposed of directing

the first respondent to pass orders in the

matter of seizure and confiscation of vehicle

belonging to the petitioner bearing

registration No.KL-07-AZ-4495, in terms of the

W.P.(C).14033 of 2009

:: 2 ::

provisions of Section 23 of the Act and Rule

27(3) of the Rules, keeping in mind the

principles laid down in the decision reported

in Subramanian v. State of Kerala {2007(1)

KLT 77}, within a period of four weeks from

the date of receipt of a copy of this

judgment. The District Collector shall

consider the contention of the petitioner

whether the transportation was covered by a

pass issued in that behalf.

Sd/-

(V.GIRI)
Judge

sk/-

//true copy//

P.S. to Judge