Citation : 2021 Latest Caselaw 1342 Ker
Judgement Date : 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.324 OF 2021(M)
PETITIONER:
PRAMOD.N
AGED 38 YEARS
S/O CHANDRAN, NADAKKAL HOUSE, KANNAPURAM,
MOTTAMMAL P.O.KANNUR-670 301.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.MEENU THAMPI
SHRI.AMAL STANLY
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, VAZHUTHAKKAD
P.O.THIRUVANANTHAPURAM-695 014.
2 MADHUSOODANAN P,
THE SUB INSPECTOR OF POLICE, KANNAPURAM POLICE
STATION, KANNUR-670 301.
3 THE REVENUE DIVISIONAL OFFICER,
TALIPARAMBA, REVENUE TOWER, COURT ROAD,
TALIPARAMBA-670 141.
BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
:2:
W.P(C).No.324 of 2021
JUDGMENT
The petitioner has approached this Court aggrieved by the seizure
of a Tipper Lorry bearing registration No.KL 59A 5387 along with the
sand contained therein, which is alleged to be river sand. In the Writ
Petition, it is the case of the petitioner that after seizure of the vehicle
and the sand, the matter was forwarded to the 3 rd respondent Revenue
Divisional Officer (R.D.O) and the R.D.O is currently in seisin of the
matter.
2. The learned Government Pleader would submit, on instructions,
that the 3rd respondent R.D.O can pass orders in the matter within two
weeks from today. Taking note of the said submission, the Writ Petition
is disposed by directing the 3rd respondent to pass orders in the matter
involving seizure of the vehicle and sand belonging to the petitioner
within two weeks from the date of receipt of a copy of this judgment,
after hearing the petitioner. The petitioner shall produce a copy of the
writ petition together with a copy of this judgment before the 3 rd
respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/13.01.2021
W.P(C).No.324 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE TIPPER LORY WITH REG NO KL 59A 5387 DATED 21.7.2014
EXHIBIT P2 THE TRUE COPY OF THE INSURANCE CERTIFICATE OF THE TIPPER LORRY WITH REG NO KL 59A 5387 FOR THE PERIOD FROM 6.3.2020 TO 5.3.2021
EXHIBIT P3 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE TIPPER LORRY WITH REG NO KL 59A 5387 DATED 22.6.2014
EXHIBIT P4 THE TRUE COPY OF THE VEHICLE PASS ISSUED BY THE PORT DEPARTMENT IN RESPECT OF THE DREDGED SAND ALLOTTED TO THE PETITIONER DATED 19.9.2019
EXHIBIT P5 THE TRUE COPY OF THE VEHICLE PASS ISSUED BY THE PORT DEPARTMENT IN RESPECT OF THE DREDGED SAND ALLOTTED TO THE BROTHER OF THE PETITIONER DATED 28.9.2019
EXHIBIT P6 THE TRUE COPY OF THE VEHICLE PASS ISSUED BY THE PORT DEPARTMENT IN RESPECT OF THE DREDGED SAND ALLOTTED TO THE MOTHER OF THE PETITIONER DATED 4.10.2019
EXHIBIT P7 THE TRUE COPY OF THE SEIZURE MAHZAR DATED 5.6.2020
EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 4.11.2020
EXHIBIT P9 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KANNAPURAM DATED 17.11.2020
EXHIBIT P10 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 4.12.2020
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
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