IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 71 of 2009(H)
1. RAJAPPAN, AGED 70 YEARS,
... Petitioner
2. MANIYAN, AGED 50 YEARS, S/O.KRISHNAN,
Vs
1. THE DISTRICT COLLECTOR, COLLECTORATE,
... Respondent
2. THE ADDITIONAL DISTRICT MAGISTRATE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SIRAJ KAROLY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 71 of 2009
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Dated this the 2nd day of January, 2009
J U D G M E N T
Petitioners are the registered owners of mini lorries
bearing registration Nos.KL-5A-4445 and KL-5A-4455.
Proceedings were initiated against these lorries on the
allegation that they were involved in the unauthorized
transportation of river sand and the lorries are under
detention. According to the petitioners they have filed Exts.P5
and P5(a) requests to the first respondent seeking temporary
release of the vehicles, producing Exts.P2 and P4 passes. It is
stated that since the petitioners were engaged in transportion
of river sand on the strength of valid passes, they are not
liable to be confiscated.
2. Now that the petitioners have filed Exts.P5 and P5(a)
seeking temporary release of the vehicles it is for the first
respondent to pass orders thereon. Necessarily, the
W.P.(C) No. 71/2009 -2-
genuineness of the passes relied on will also be considered.
Accordingly, the writ petition is disposed of directing that
the first respondent shall consider Exts. P5 and P5(a) and pass
orders thereon as expeditiously as possible and at any rate
within 4 weeks from the date of production of a copy of the
judgment, after adverting to the contentions raised therein.
(ANTONY DOMINIC)
JUDGE
Figure “KL-5A 4455” occurring in the second line of the first
paragraph of the judgment dated 02/01/2009 in WP(C) No. 71/2009 is
corrected as “KL-5 3463” as per order dated 15/01/2009 in I.A No.
431/2009.
Registrar (Judicial)