IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5225 of 2008(V)
1. SOMARAJAN, AGED 45 YEARS, S/O. GOPALAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 5225 OF 2008 V
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Dated this the 22ndday of February, 2008
J U D G M E N T
The petitioner complains that a lorry belonging to him
bearing Regn.No.KL-4/G 8679 has been detained while it was
transporting ordinary sand. Ext.P4 is the mahazar, in which the
only irregularity that is alleged is that it did not accompany a
pass issued by the Revenue Divisional Officer or the Tahsildar. In
Ext.P5, the Geologist has stated that it is ordinary sand and not
river sand which was transported. However, none of the
documents produced by the petitioner clearly indicate what
proceedings are pending in respect of the lorry in question. Be
that as it may, if at all the respondents want to continue the
adjudication, they are free to do so. Pending such adjudication, I
do not think that in the peculiar facts of this case, it is necessary
to continue detention of the lorry.
2. Therefore, I direct that the lorry referred to above
WPC 5225/08
:2 :
shall be released to its registered owner on executing a bond
undertaking to produce the same as and when needed and not to
alienate or encumber the same. Once the RDO passes an order
releasing the lorry in compliance with the above direction, the
same shall be produced before the 1st respondent, who shall
arrange for release of the lorry from the custody.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp