IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4922 of 2008(J)
1. ROSY ABRAHAM, S/O.ABRAHAM, 30 YEARS,
... Petitioner
Vs
1. GEOLOGIST,
... Respondent
2. THE TAHSILDAR, KOTTAYAM.
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C)NO. 4922 OF 2008
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DATED THIS THE 15TH DAY OF FEBRUARY 2008
JUDGMENT
The petitioner has averred that a Truck bearing
Registration No. KL-5L.4267 belonging to him has been detained
by the respondents which is seen from the seizure mahazar. It
is submitted that the proceedings were initiated on the
allegation that presumably the sand transported by the
petitioner was river sand. However, the petitioner relies on
Ext.P2, a pass issued under the Kerala Minor Mineral Concession
Rules and contends that it is an ordinary sand and not a river
sand. It is stated by the petitioner that subsequent proceedings
have been transferred to the additional 3rd respondent. Now the
matter is pending consideration before the third respondent.
2. Accordingly, I dispose of of the writ petition directing
that the additional third respondent shall pass final orders on
the proceedings in relation to the truck bearing Registration No.
W.P.C. 4922/2008 -2-
KL-5L.4267 as expeditiously as possible, at any rate within 10
days of production of a copy of this judgment. I also direct that
if the additional 3rd respondent will take more than 10 days to
pass the final orders, it will be open to the petitioner to seek
temporary custody of the petitioner on furnishing adequate
security to the satisfaction of the additional third respondent.
ks. ANOTNY DOMINIC, JUDGE