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.
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W.P ( C) No.18667 of 2009
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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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