High Court Kerala High Court

Sajeev.S. vs State Of Kerala on 9 April, 2007

Kerala High Court
Sajeev.S. vs State Of Kerala on 9 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 11952 of 2007(W)


1. SAJEEV.S., S/O.SADANANDAN.R.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIVISIONAL FOREST OFFICER,

3. THE TAHASILDAR, TALUK OFFICE,

4. THE SENIOR GEOLOGIST, MINING AND

5. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :09/04/2007

 O R D E R
                                     S. SIRI JAGAN, J.

                             ---------------------------------

                             W.P.(C)NO. 11952 OF 2007

                            -----------------------------------

                DATED THIS THE 9th DAY OF APRIL, 2007


                                          JUDGMENT

The petitioner has approached this court seeking the following

reliefs.

“(i) issue a writ of mandamus or other writ or

order or direction directing the respondents to forbear

from interfering with or taking any coercive steps against

the petitioner in respect of transport of River sand, metal

chips and metal powder etc. from Tamil Nadu through the

border Check Post in Kerala for sale in the State as per

Ext.P1 Registration.

(ii) To declare that the petitioner is entitled to

transport of River sand, metal chips and metal powder

etc. from Tamil Nadu through the border Check Post in

Kerala for sale in the State as per Ext.P1 Registration.

(iii) issue such other writ or direction, which this

Hon’ble Court may deem fit and proper on the facts and

circumstances of this case.”

I am of opinion that no such general order can be issued when the

petitioner has not even an allegation in the writ petition that any of his

lorries have been detained by any of the respondents for any of the

reasons alleged in the writ petition. This Court can interfere in the

matter only when the respondents in violation of the law act to the

prejudice of the petitioner. In the absence of any allegations in the writ

petition that any of the respondents have done so, the petitioner cannot

be granted any reliefs on the basis of such general prayers.

Accordingly, the writ petition is dismissed.






                                                       S. SIRI JAGAN, JUDGE

Acd


W.P.(c)11952/07    2