Abdul Khader C.H vs State Of Kerala
2021 Latest Caselaw 3799 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.27069 OF 2020(G)


PETITIONER:

               ABDUL KHADER C.H.
               AGED 37 YEARS
               S/O. EBRAHIM C.H., CHEECHAGADDE HOUSE,
               NETTANIGEMUDNOOR, KARNOOR, DAKSHINA KANNADA,
               KARNATAKA STATE-574 313

               BY ADVS.
               SMT.HEMALATHA
               SRI.BINU GEORGE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED SECRETARY TO GOVERNMENT, REVENUE
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,PIN-695
               001

      2        REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, KASARAGOD,PIN-671 121

      3        DISTRICT COLLECTOR,
               COLLECTORATE, KASARAGOD,PIN-671 123

      4        S.H.O.,ADHUR POLICE STATION,
               KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC
               PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682
               031

               R1-3 BY ADV.SRI.K.J.MANURAJ, GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27069 OF 2020(G)

                                        2




                        W.P.(C) No.27069 of 2020
                    ------------------------------------------


                              JUDGMENT

The order impugned in this writ petition is revisable under

Section 23B of the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001 (the Act). The writ petition, in the

circumstances, is disposed of without prejudice to the right of the

petitioner to file a revision petition under Section 23B of the Act.

In the peculiar facts of this case, it is also directed that if

the petitioner prefers a revision petition within two weeks from the

date of receipt of a copy of this judgment, the same shall be treated as

one instituted within time, and shall be disposed of on merits by the

revisional authority.

Sd/-

                                                 P.B.SURESH KUMAR

Mn                                                       JUDGE
 WP(C).No.27069 OF 2020(G)





                                APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                  A TRUE COPY OF REGISTRATION CERTIFICATE OF

VEHICLE BEARING REG NO.KA-21-B-9256

EXHIBIT P2 A TRUE COPY OF HEAVY GOODS PERMIT OF THE OF VEHICLE BEARING REG NO.KA-21-B-9256

EXHIBIT P3 A TRUE COPY OF MINERAL DESPATCH PERMIT DATED 13.03.2020 ISSUED FROM THE DEPARTMENT OF MINES AND GEOLOGY DAKSHINA KANNADA, GOVT, OF KARNATAKLA

EXHIBIT P4 A TRUE COPY OF TRIP SHEET OF VEHICLE REG NO.KA-21-B-9256 DATED 13.10.2020

EXHIBIT P5 A TRUE COPY OF SEIZURE MAHAZER DATED 13.03.2020

EXHIBIT P6 A TRUE COPY OF ORDER DATED 12.11.2020 PASSED BY 2ND RESPONDENT //TRUE COPY// PA TO JUDGE