Manzoor M.K vs Assistant Collector on 31 March, 2011

[Cites 0, Cited by 4]

Kerala High Court

Manzoor M.K vs Assistant Collector on 31 March, 2011

Bench: P.R.Ramachandra Menon

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10263 of 2011(G)


1. MANZOOR M.K., S/O.ABDULLA,
                      ...  Petitioner

                        Vs



1. ASSISTANT COLLECTOR, KOZHIKODE.
                       ...       Respondent

2. STATE OF KERALA REP.BY CHIEF SECRETARY

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :31/03/2011

 O R D E R
                 P.R.RAMACHANDRA MENON, J.
                     -------------------------------------
                        W.P.(C)No.10263/2011
               -----------------------------------------------------
             Dated this the 31st day of March, 2011

                              JUDGMENT

The grievance of the petitioner is that the vehicle bearing No.KL 57/B 670, belonging to the petitioner was taken into custody by the first respondent on 10.3.2011, allegedly in connection with illegal transportation of river sand.

2. The learned counsel for the petitioner submits that the petitioner is innocent and he has absolutely no connection with the alleged offence, which made him to approach this Court for appropriate relief.

3. Heard the learned Govt. Pleader as well.

4. Taking note of the submissions made from both the sides, this Court finds that the matter requires to be considered at the first instance, by the first respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, first respondent is directed to consider the claim for 'interim custody' of the vehicle and pass appropriate orders, in accordance with law, taking note of the observations made by the Full Bench of this Court in "Shan C.T. V State of Kerala and Others" (2010(3) KHC 333), as expeditiously as possible; W.P.(C)No. 10263/11 -2- at any rate within 'one week' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the second respondent for taking further steps.

5. It is made clear that with regard to the actual nature of the sand involved as contended in this writ petition is the matter to be decided by the first respondent.

Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON, Judge mrcs

Unlock Advanced Research with PRISMAI

Kerala High Court