Kerala High Court
Abdul Nazar P.T. vs State Of Kerala on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.243 OF 2021(E)
PETITIONER/S:
ABDUL NAZAR P.T., AGED 49 YEARS,
PROPRIETOR, ATHANIKKAL SANDS,
MI/XIII/169 G, CNG ROAD, MAMPAD P.O.
NILAMBUR TALUK, MALAPPURAM DISTRICT,
PIN-679 327.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY
TO THE GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DEPUTY TAHSILDAR, MANJESWAR TALUK,
MANJESWAR P.O.-671 323,
KASARAGODE DISTRICT.
3 THE STATION HOUSE OFFICER,
KUMBLA POLICE STATION,
KUMBLA P.O.-671 321,
KASARGOD DISTRICT.
4 THE DISTRICT GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT, CIVIL STATION
KASARGODE-671 123, KASARGODE DISTRICT.
BY SENIOR GOVERNMENT PLEADER, SRI.K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.243/2021 2
JUDGMENT
Dated this the 6th day of January 2021
The petitioner approached this Court challenging
seizure of his vehicle bearing registration No.KA 19-AA
9304. The said vehicle was seized alleging
transportation of river sand without a valid permit.
2. According to the petitioner, the vehicle was
transporting river sand from West Bengal with a valid
transit pass, produced as Ext.P4.
3. The petitioner is transporting sand from West
Bengal with a valid transit pass has to be verified
by the Geologist. The Geologist has to make sure that
the transit pass claimed by the petitioner is genuine
or not. The Geologist shall contact the officials in
West Bengal to find out the genuineness of such claim.
Further, he has also to examine the nature of the
sand. An appropriate decision shall be taken after
adverting to all attending circumstances within a
period of one month.
The petitioner shall produce a copy of the writ
petition along with the copy of this judgment before
the Geologist for compliance.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 20.07.2013.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED
14.12.2009 (M.S.) NO. 161/09/ID.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER NO.
58289/P3/2010/REVENUE DATED 11.11.2010.
EXHIBIT P4 TRUE COPY OF THE TRANSIT PASS DATED
16.1.2020.
EXHIBIT P5 TRUE COPY OF THE TAX INVOICE DATED
16.12.2020.
EXHIBIT P6 TRUE COPY OF THE ADVANCE TAX PAYMENT
RECEIPT (E-WAY BILL) DATED 16.12.2020.
EXHIBIT P7 TRUE COPY OF THE SEIZURE MAHSAR DATED
25.12.2020.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED
06.04.2017 IN WPC NO. 10675/2017.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
