IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.229 OF 2021(C)
PETITIONER/S:
ABDUL RAHIMAN, AGED 31 YEARS,
S/O MUHAMMED KUNHI, ARLAPADAV HOUSE 3-29, PANAJE.P.O,
DAKSHINA KANNADA, KARNATAKA-574259.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.MEENU THAMPI
SHRI.AMAL STANLY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
KASARGODU, CIVIL STATION, VIDYANAGAR,
KASARGODU-671121.
2 THE REVENUE DIVISIONAL OFFICER,
KASARGODU, PORT OFFICE BUILDING,
NEAR RAILWAY STATION, KASARAGODU-671121.
3 SHASHIKUMAR.K.V, DEPUTY TAHSILDAR AND HEAD,
ANTI SAND THEFT SQUAD, KASARAGOD/MANJESHWAR TALUK.
4 THE STATION HOUSE OFFICER,
KUMBALA POLICE STATION,GHS ROAD,
KUMBALA,KASARAGOD-671321.
BY SENIOR GOVERNMENT PLEADER, SRI.K.J.MANURARJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.229/2021 2
JUDGMENT
Dated this the 6th day of January 2021 The petitioner approached this Court challenging seizure of his vehicle (Ashok Leyland Lorry) bearing registration No.KA-19-AB-1844. The said vehicle was seized alleging transportation of river sand without a valid permit.
2. According to the petitioner, the vehicle was transporting river sand from West Bengal with a valid transit pass, produced as Ext.P3.
3. The petitioner is transporting sand from West Bengal with a valid transit pass has to be verified by the Revenue Divisional Officer. The Revenue Divisional Officer has to make sure that the transit pass claimed by the petitioner is genuine or not. The Revenue Divisional Officer shall contact the officials in West Bengal to find out the genuineness of such claim. Further, he has also to examine the nature of the sand. An appropriate decision shall be taken after adverting to all attending circumstances within a period of one month. WP(C).No.229/2021 3
The petitioner shall produce a copy of the writ petition along with the copy of this judgment before the Revenue Divisional Officer for compliance.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.229/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 29.10.2015 OF THE ASHOK LEYLAND LORRY BEARING REG.NO.KA 19 AB-1844. EXHIBIT P2 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT ASHOK LEYLAND LORRY BEARING NO.KA 19 AB 1844 DATED 20.11.2020.
EXHIBIT P3 THE TRUE COPY OF THE TRANSIT PASS ISSUED BY THE BLOCK LAND AND LAND REFORMS OFFICER,JAMURIA,PASCHIM BARDHAMAN DATED 4.12.2020.
EXHIBIT P4 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 9.12.2020.
EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30.9.2020.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE