IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA,
1944
WP(C) NO. 22426 OF 2022
PETITIONER
RIZWAN
S/O ABDUL RAZAK B.A, MUZTHAK MANZIL, DELI
KUNNUPARA, BARE P O, KASARGOD DISTRICT,
PIN - 671319 (OWNER OF TIPPER LORRY BEARING
REGISTRATION NO KL-54-7130)
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS
1 THE SUB INSPECTOR OF POLICE,
BEKKAL POLICE STATION, KASARGOD DISTRICT, ,
PIN - 671318
2 THE REVENUE DIVISIONAL OFFICER,
KANJANGAD, KASARAGOD DISTRICT, , PIN - 671318
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, KASARGOD
DISTRICT, , PIN - 671121
4 THE DIRECTOR
MINING AND GEOLOGY, OFFICE OF THE MINING AND
GEOLOGY, KESAVADASAPURAM, PATTAM,
THIRUVANANTHAPURAM , PIN - 695001
SRI.SYAMANTHAK GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.22426 of 2022 2
]
JUDGMENT
Dated this the 10th day of August, 2022 The petitioner, whose vehicle has been seized by the 1st respondent on the allegation of illegal transportation of beach sand, is before this Court seeking to direct the 1st respondent to report the seizure regarding the vehicle of the petitioner to the 2 nd respondent within a reasonable period.
2. The petitioner states that the vehicle bearing Registration No.KL-54-7130 was seized by the 1 st respondent-Sub Inspector of Police alleging that the vehicle has been transporting beach sand illegally. The petitioner states that a Mahazar was also prepared in connection with the seizure. However, the 1 st respondent has not reported the seizure to the higher authorities. The petitioner states that the 1 st respondent is bound to report the seizure to the 2 nd respondent, the W.P(C) No.22426 of 2022 3 ] failure of which disables the petitioner from seeking interim custody of the vehicle.
3. The Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. On instructions, the Government Pleader submitted that a sample of sand recovered from the vehicle has been forwarded for chemical examination.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The Government Pleader submits that the seizure has already been reported to the Revenue Divisional Officer, Kanjangad. In view of the above, the petitioner can very well approach the 2 nd respondent seeking interim custody of the vehicle. W.P(C) No.22426 of 2022 4 ] In the circumstances, the writ petition is disposed of permitting the petitioner to approach the 2 nd respondent seeking interim custody of the vehicle. If the petitioner makes such an application, the 2 nd respondent shall consider the same and pass appropriate orders within one month from the date of receipt of a copy of this judgment.
Sd/-
N. NAGARESH, JUDGE smm/10.08.2022 W.P(C) No.22426 of 2022 5 ] APPENDIX OF WP(C) 22426/2022 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER Exhibit- P2 TRUE COPY OF THE SEIZURE MAHASAR DATED 16.05.2022 PREPARED BY THE FIRST RESPONDENT Exhibit- P3 THE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19.03.2021 IN WPC NO 2815 OF 2021