IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 807 of 2010(A)
1. MANOJ, S/O.GOPALAN, AGED 42 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, ERNAKULAM.
... Respondent
2. THE SUB INSECTOR OF POLICE, HILL
3. THE DISTRICT GEOLOGIST, KOTTAYAM.
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :15/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.807 OF 2010
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Dated this the 15th day of January, 2010.
J U D G M E N T
The petitioner is the registered owner of a Mini Lorry
bearing Registration No.KL-16-8806 with a valid route permit. It
is stated that the 2nd respondent seized the vehicle on
04.01.2010 on the allegation that river sand is being transported
illegally.
2. According to the petitioner, he has transported ordinary
sand with a valid pass and therefore, the seizure of the vehicle
and the consequent action taken by the respondents 2 and 3
cannot be supported.
3. Learned counsel for the petitioner submitted that if a
sample of the sand is taken and tested in the presence of the
petitioner, it will be proved that what is contained in the load is
only ordinary sand. Seeking for appropriate direction in the
matter and for testing the sample by the competent authority,
the petitioner has filed Exhibit P2 application before the District
W.P.(C) No.807/2010 2
Collector.
4. Learned Government Pleader on instructions submitted
that the Geologist has already forwarded the report after testing
the sample. But, the learned counsel for the petitioner submitted
that in the presence of the petitioner no sample has been taken
and therefore, the District Collector has to consider the matter
afresh. It is upto the District Collector to take a decision on
Exhibit P2 and consider the prayer for testing the sample of the
sand after assessing various materials.
There will be a direction to the District Collector to take a
decision on Exhibit P2 as expeditiously as possible, at any rate,
before the sand is unloaded and with notice to the petitioner.
The prayer for interim custody of the vehicle will also be
considered by the District Collector and the District Collector will
be free to impose such conditions as he deems fit to impose. The
final orders in the proceedings will be passed within a further
period of two months after considering various contentions of the
parties and the evidence produced in the matter. If the
petitioner seeks for copies of various documents such as
W.P.(C) No.807/2010 3
mahazar, report of the Geologist etc., the same also will be
furnished to the petitioner on usual terms.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp