High Court Kerala High Court

I.A. Abdl Rasheed vs The Sub Inspector Of Police on 29 July, 2009

Kerala High Court
I.A. Abdl Rasheed vs The Sub Inspector Of Police on 29 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18667 of 2009(C)


1. I.A. ABDL RASHEED, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT COLLECTOR, PALAKKAD.

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :29/07/2009

 O R D E R
                            V.GIRI,J.
                     -------------------------
                W.P ( C) No.18667 of 2009
                     --------------------------
               Dated this the 29th July,2009

                       J U D G M E N T

The sand being transported in the petitioner’s

vehicle bearing Reg.No TN 43-B-8303 was seized on

17.7.2009. Petitioner claims to be the power of attorney

holder of the registered owner of the vehicle. According

to the petitioner, the sand was purchased from an

authorized dealer in Tamil Nadu, as evidenced by Ext.P5

and therefore there was no justification for seizure of the

vehicle.

2. Learned Government Pleader, on instructions,

submits that the sand in question is a river sand and it

was being transported unauthorisedly. It is suspected

that the receipt pass through the check post is also

bogus. The issue is to be considered by the District

Collector.

3. On production of a copy of this judgment along

with a representation by the petitioner, the District

W.P ( C) No.18667 of 2009
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Collector shall cause notice to be issued to the registered

owner of the vehicle, and take a decision, in accordance

with the provisions of the Kerala Protection of River Banks

(Protection and Regulation of removal of sand) Act, 2002,

within a period of six weeks from the date of receipt of a

copy of this judgment.

Writ petition is disposed of as above.

(V.GIRI,JUDGE)
ma

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