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Raghavan P.K. vs The District Collector on 15 February, 2010

Kerala High Court
Raghavan P.K. vs The District Collector on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4630 of 2010(C)


1. RAGHAVAN P.K., AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :15/02/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
          W.P.(C). Nos.4630/2010-C, 4631/2010-D,
            4632/2010-D, 4633/2010-D & 4634/2010
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
          Dated this the 15th day of February, 2010

                      J U D G M E N T

The petitioners herein are the registered owners and in

possession of goods carriages bearing Registration Nos.KL-

39-A-8737, KL-39-3451, KL-39-A-849, KL-36-7119 & KL-36-4572

respectively. The said vehicles were intercepted by the

Sub Inspector of Police and were seized alleging illicit

transportation of river sand on 23/12/2009, 04/01/2010,

19/12/2009, 19/12/2009 and 19/12/2009 respectively. It is

the case of the petitioners that the said vehicles were

used for transportation of sand with valid permits.

2. The petitioners have made a request to the first

respondent for interim custody of the vehicles in the light

of the decision of this Court in Subramanian v. State of

Kerala [2009 (1) KLT 77). Aggrieved by the delay in

disposal of their requests, the petitioners have filed

these writ petitions.

3. Heard learned counsel for the petitioners and the

learned Government Pleader.

4. There will be a direction to the first respondent

to take a decision on the applications submitted by the

petitioners within a period of seven days from the date of

W.P.(C). Nos.4630/2010-C, 4631/2010-D,
4632/2010-D, 4633/2010-D & 4634/2010

-:2:-

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 which he deems

fit to impose. 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 petitioners and after considering the

pleas raised by the petitioners, on merits.

5. The learned counsel for the petitioners pointed

out that the vehicle is kept without unloading sand which

will cause damage to the vehicles.

6. It is submitted by the learned Government Pleader

today, that the sand has already been unloaded.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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