IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 949 of 2010(P)
1. MOHAMMED KOYA, S/O. MOHAMMED, AGED 31,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE DISTRICT GEOLOGIST,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/01/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 949 of 2010-P
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Dated this the 12th day of January, 2010.
JUDGMENT
The petitioner is the registered owner of an Ace bearing registration
No.KL-07-BD-8681 with a valid route permit. It is the case of the
petitioner that the above vehicle has been seized by the 2nd respondent on
4.1.2010 with an allegation that the vehicle was found transporting river
sand without valid permit. It is the case of the petitioner that the above
allegation is absolutely false and the petitioner’s vehicle has nothing to do
with the unauthorised transportation of river sand. The petitioner
transported the sand from the house of one of his relatives to his house for
his personal use. It is submitted that the petitioner revealed all the above
facts to the second respondent, but he produced the vehicle before the first
respondent wit the load of sand. The petitioner contended that the sand in
the vehicle is not river sand and hence the first respondent has no authority
to conduct adjudication in the matter. The petitioner therefore submitted
Ext.P1 request to the first respondent to verify the sample of the sand and
also for release of the vehicle. Since no orders are passed on Ext.P1, the
petitioner has filed this writ petition.
wpc949 /2010 2
2. Heard learned counsel for the petitioner and learned Govt. Pleader.
There will be a direction to the first respondent to take a decision on Ext.P1
within a period of seven days from the date of production of a copy of this
judgment, in the light of the well settled principles laid down by this Court
in various decisions and on such terms and conditions. The matter will be
considered in accordance with law. There will be a further direction to the
first respondent to pass final orders within a period of two months from the
date of receipt of a copy of this judgment with notice to the petitioner and
the registered owner and after considering the pleas raised by the petitioner,
on merits.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/