K.Naseema vs The Senior Geologist
2021 Latest Caselaw 5439 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.2647 OF 2021(E)

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PETITIONER:

               K.NASEEMA,
               AGED 40 YEARS
               D/O. LATE MUHAMMED #4/13,
               KULALU HOUSE, BANTWAL TALUK,
               KULALU POST, KOLNADU,
               DAKSHINA KANNADA, KARNATAKA.

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

      1        THE SENIOR GEOLOGIST,
               MINING GEOLOGY, DISTRICT OFFICE,
               CIVIL STATION, KASARAGOD 671 123.

      2        THE STATION HOUSE OFFICER,
               MELPARAMBA POLICE STATION,
               MELPARAMBA,
               KASARGOD DISTRICT 671 371.

               R1-2 BY ADV.SRI.PAUL ABRAHAM VAKKANAL
                       (GOVERNMENT PLEADER)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                W. P. (C) No.2647 of 2021
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         Dated this the 15th day of February, 2021

                          JUDGMENT

The petitioner alleges illegal seizure of his

goods carriage bearing No.KA 20/D 5222 by the second respondent.

2. On 30.01.2021, the second respondent seized

the vehicle, alleging illegal transportation of

sand. The vehicle was proceeding with sand from

Odisha to Payyannur. The interception was at

Kalanadu. The petitioner alleges that the sand was

being transported with a valid pass issued by the

Tahsildar, Jagatsinghpur, Odisha to a registered

dealer. The petitioner relies on the transit pass,

permit and e-way bill to contend that the

transportation of the sand was legal and that the

seizure is bad.

3. The learned Government Pleader submits that

no documents were made available by the petitioner

at the time of interception. W. P. (C) No.2647 of 2021

4. It is ordered that, the petitioner shall

produce all the documents relied on by her,

including the transit pass, before the first

respondent Geologist along with an application

seeking release of the vehicle. The first

respondent shall consider the application,

ascertain the genuineness and sufficiency of the

documents, and pass appropriate orders.

Writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.2647 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PERMIT OF PETITIONERS VEHICLE NO. KA 20/D 5222.

EXHIBIT P2 TRUE COPY OF THE BILL DATED 23.01.2021 ISSUED BY MAA TRADES AND MINERALS, RAJENDRA NAGAR, MADHUPATNA CUTTACK.

EXHIBIT P3 TRUE COPY OF THE FORM Y ISSUED BY TASHILDAR, JAGATSINGHPUR, ODISHA DATED 23.01.2021 ISSUED TO THE PETITIONERS CONSIGNMENT.

EXHIBIT P4 TRUE COPY OF THE E-WAY BILL DATED 23.01.2021 GENERATED FOR TRANSPORTATION.

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