Kerala High Court
Sethu G.S vs The State Of Kerala on 8 November, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 33592 OF 2023
PETITIONER:
SETHU G.S
AGED 28 YEARS
S/O SUBHASH P.N, RESIDING AT GOPURATHIL HOUSE, MANDANAM
P.O, KUNNAMTHANAM, PATHANAMTHITTA, PIN - 689581
BY ADVS.
MANU GOVIND
A.JAYASANKAR
AYESHA MARIA JOHN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA,
GOVERNMENT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA,
PATHANAMTHITTA DISTRICT, PIN - 689645
3 THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF)
POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695014
4 THE SUB INSPECTOR OF POLICE
KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O,
PATHANAMTHITTA DISTRICT, PIN - 689587
5 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, NEAR
KENDRIYA VIDYALAYA, ADOOR P.O, PATHANAMTHITTA, PIN -
691523
SRI. BIMAL K. NATH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) . No. 33592 OF 2023
2
JUDGMENT
The lorry belonging to the petitioner with Reg. No. KL-59-H-8255 was seized by the 4 th respondent, the Sub Inspector of Police alleging that the vehicle was carrying building wastes which include red soil. The petitioner submits that the vehicle was not transporting any red earth and on the contrary it was carrying only building waste and debris and that the seizure of the vehicle is illegal and has to be released forthwith.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. The learned Government Pleader, on instructions, submit that seizure of the vehicle has been reported to the Geologist by the Station House Officer.
W.P.(c) . No. 33592 OF 2023 3 Accordingly, there will be a direction to the 5 th respondent, the Geologist to report the seizure of the vehicle along with relevant documents before the jurisdictional Court within a period of one week from the date of receipt of a certified copy of this judgment. It will be open to the petitioner to approach the jurisdictional Court for release of the vehicle.
The writ petition is disposed of with the above direction, leaving open the contentions of the petitioner.
Sd/-
MURALI PURUSHOTHAMAN JUDGE bnu W.P.(c) . No. 33592 OF 2023 4 APPENDIX PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 03.08.2023 BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE LETTER NO.
872/DOPTA/E/2023 DATED 11.08.2023 Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 14.08.2023 BY THE PETITIONER TO THE DISTRICT COLLECTOR, PATHANAMTHITTA Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23.08.2023 BY THE PETITIONER TO THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA Exhibit P5 TRUE COPY OF THE BUILDING PERMIT BEARING NO SC 3- BA(62791)/2023 DATED 16.02.2023 ISSUED TO MR SATHEESHAN PILLAI Exhibit P6 COPY OF THE SITE PLAN WITH THE NOTIFIED AREA PROPOSED TO BE DEMOLISHED Exhibit P7 COPY OF GUIDELINES ON ENVIRONMENTAL MANAGEMENT OF CONSTRUCTION AND DEMOLITION WASTE