IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1953 of 2010()
1. MUJEEB RAHMAN, AGED 21,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE, TIRUR.
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :29/11/2010
O R D E R
C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
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W.A.No.1953 of 2010
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Dated, this the 29th day of November, 2010
J U D G M E N T
Ramachandran Nair, J.
This Writ Appeal is filed against the judgment of the learned
Single Judge setting aside the detention order issued by the District
Collector, with a direction to the District Collector to reconsider the
matter.
2. When the matter came up for admission, the Division
Bench directed the learned Government Pleader to get instructions
from the District Collector. It is now reported that the vehicle was
carrying sand with a valid pass. The detention was at 3.00 pm,
whereas the pass was valid till 4 pm. In the circumstances, this Writ
Appeal has to be allowed by vacating that part of the judgment of
the learned Single Judge remanding the matter to the District
Collector for reconsideration.
Therefore, this Writ Appeal is allowed in part confirming the
judgment of the learned Single Judge cancelling the impugned
order, with a direction to the respondents to release the vehicle with
W.A.No.1953/2010
-2-
the load of sand unconditionally to the petitioner in the writ
petition.
This Writ Appeal is allowed in part.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BHABANI PRASAD RAY, JUDGE)
jg