Kerala High Court
Vijesh.V.V vs The District Collector on 15 January, 2010
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 804 of 2010(A)
1. VIJESH.V.V., S/O. VIJAYAN, AGED 23 YEARS
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, ERNAKULAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE, HILL PALACE
3. THE DISTRICT GEOLOGIST, KOTTAYAM
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :15/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.804 OF 2010
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Dated this the 15th day of January, 2010.
J U D G M E N T
The petitioner is the Agreement Holder of Mini Lorry bearing Registration No.KL-17-D-6376 with a valid route permit. It is stated that the 2nd respondent seized the vehicle on 04.01.2010 on the allegation that river sand is being transported illegally.
2. According to the petitioner, he has transported the sand with valid pass and therefore, the seizure of the vehicle and the consequent action taken by the respondents 2 and 3 cannot be supported.
3. Learned counsel for the petitioner submitted that if a sample of the sand is taken and tested in the presence of the petitioner, it will be proved that what is contained in the load is only ordinary sand. Seeking for appropriate direction in the matter, the petitioner has filed Exhibit P2 application before the District Collector.
W.P.(C) No.804/2010 2
4. Learned Government Pleader on instructions submitted that the Geologist has already forwarded the report after testing the sample. But, the learned counsel for the petitioner submitted that in the presence of the petitioner no sample was taken and therefore, the District Collector has to consider the matter afresh. It is upto the District Collector to take a decision on Exhibit P2 and consider the prayer for testing the sample of the sand after assessing various materials.
There will be a direction to the District Collector to take a decision on Exhibit P2 as expeditiously as possible, at any rate, before the sand is unloaded and with notice to the petitioner. The prayer for interim custody of the vehicle will also be considered by the District Collector and the District Collector will be free to impose such conditions as he deems fit to impose. The final orders in the proceedings will be passed within a further period of two months after considering various contentions of the parties and evidence in the matter. If the petitioner seeks for copies of various documents such as mahazar, report of the W.P.(C) No.804/2010 3 Geologist etc., the same will be furnished to the petitioner on usual terms.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp