Abdul Rahiman vs The District Collector
2021 Latest Caselaw 424 Ker

                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.229 OF 2021(C)


PETITIONER/S:

                ABDUL RAHIMAN, AGED 31 YEARS,
                S/O MUHAMMED KUNHI, ARLAPADAV HOUSE 3-29, PANAJE.P.O,
                DAKSHINA KANNADA, KARNATAKA-574259.

                BY ADVS.
                SRI.SHABU SREEDHARAN
                SMT.MEENU THAMPI
                SHRI.AMAL STANLY


RESPONDENT/S:

      1         THE DISTRICT COLLECTOR,
                KASARGODU, CIVIL STATION, VIDYANAGAR,
                KASARGODU-671121.

      2         THE REVENUE DIVISIONAL OFFICER,
                KASARGODU, PORT OFFICE BUILDING,
                NEAR RAILWAY STATION, KASARAGODU-671121.

      3         SHASHIKUMAR.K.V, DEPUTY TAHSILDAR AND HEAD,
                ANTI SAND THEFT SQUAD, KASARAGOD/MANJESHWAR TALUK.

      4         THE STATION HOUSE OFFICER,
                KUMBALA POLICE STATION,GHS ROAD,
                KUMBALA,KASARAGOD-671321.


                BY SENIOR GOVERNMENT PLEADER, SRI.K.J.MANURARJ


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.229/2021                 2



                             JUDGMENT

Dated this the 6th day of January 2021

The petitioner approached this Court challenging

seizure of his vehicle (Ashok Leyland Lorry) bearing

registration No.KA-19-AB-1844. 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.P3.

3. The petitioner is transporting sand from West

Bengal with a valid transit pass has to be verified by

the Revenue Divisional Officer. The Revenue Divisional

Officer has to make sure that the transit pass claimed by

the petitioner is genuine or not. The Revenue Divisional

Officer 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 Revenue Divisional Officer for compliance.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 29.10.2015 OF THE ASHOK LEYLAND LORRY BEARING REG.NO.KA 19 AB-1844.

EXHIBIT P2 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT ASHOK LEYLAND LORRY BEARING NO.KA 19 AB 1844 DATED 20.11.2020.

EXHIBIT P3 THE TRUE COPY OF THE TRANSIT PASS ISSUED BY THE BLOCK LAND AND LAND REFORMS OFFICER,JAMURIA,PASCHIM BARDHAMAN DATED 4.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 9.12.2020.

EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30.9.2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE