Bijoy.M.K vs The Revenue Divisional Officer

Citation : 2021 Latest Caselaw 539 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Bijoy.M.K vs The Revenue Divisional Officer on 7 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.28060 OF 2020(F)


PETITIONER:

               BIJOY.M.K
               S/O KUNHAMBU M, MANDYATH HOUSE, KALLETTUMDADAVU,
               RAMANTHALI P.O.KANNUR DISTRICT, PIN-670 308.

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               REVENUE TOWER, COURT ROAD, THLIPARAMBA, PIN-670 141.

      2        THE STATION HOUSE OFFICER,
               PAYYANNUR POLICE STATION, PAYYANNUR, KANNUR DISTRICT,
               PIN-670 307.

      3        THE GEOLOGIST,
               MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
               THAVAKKARA, KANNUR, PIN-670 002.



               BY ADV. SRI.S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28060 OF 2020(F)

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                                JUDGMENT

Dated this the 7th day of January 2021 The petitioner is the owner of vehicle bearing registration No.KL 59/B 6549, which has been seized alleging illegal transportation of river sand. According to the petitioner, it is not river sand, but it is ordinary sand. The petitioner seeks direction to take sample of the sand in his presence from the vehicle for chemical analysis.

Having considered the plea as above, the 3 rd respondent is directed to take a sample of the sand in the presence of the petitioner and forward the sample for chemical analysis. Any expenses in this regard shall be met by the petitioner. Needful shall be done within two weeks. Based on the report, proceedings shall be concluded by the 1st respondent, without further delay thereon, after hearing the petitioner.

The writ petition is disposed of as above.

Sd/-

                                            A.MUHAMED MUSTAQUE
SAS/07/01/2021                                        JUDGE
 WP(C).No.28060 OF 2020(F)

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                              APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             THE COPY OF THE RELEVANT PAGES OF THE RC

BOOK OF PETITIONERS VEHICLE NO KL 59/B 6549 EXHIBIT P2 COPY OF THE JUDGMENT DATED 10.1.2018 IN WPC 40680/2017 RENDERED BY THIS HON'BLE COURT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE