IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4009 of 2008(B)
1. MATHEW JACOB, AGED 44 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KOTTAYAM.
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE TAHSILDAR, KOTTAYAM.
4. THE VILLAGE OFFICER,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.M.J.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 4009 of 2008
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Dated: February 18, 2008
JUDGMENT
The petitioner is impugning the detention of his tipper lorry
bearing registration No.KL-03B-6357. According to the counsel for
the petitioner, this lorry was engaged by the customers for
transportation of ordinary soil and that the lorry was detained by
the 3rd respondent and is presently under detention in the office of
the 5th respondent.
2. On instructions the learned Government Pleader submits
that what was transported by the petitioner was mud. Irrespective
of whether it is mud or ordinary sand, the fact remains that it does
not come within the purview of the Kerala Minor Mineral Concession
Rules and, if that be so, the detention is erroneous.
3. In the above view of the matter, I direct that the tipper lorry
bearing registration No.KL-03B-6357 belonging to the petitioner
shall be released to him on production of a copy of this judgment.
ANTONY DOMINIC, JUDGE
mt/-