Ashok Kumar vs The District Collector,Thrissur ...
2022 Latest Caselaw 10467 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 13206 OF 2011
PETITIONER:

            ASHOK KUMAR, AGED 38 YEARS,
            S/O.VELUSWAMY CHETTIAR, 15, RED CROSS ROAD,
            SHANMUGHAPURAM, PALANI, DINDIGUL DISTRICT,
            TAMILNADU STATE.
            BY ADVS.
            SRI.M.G.KARTHIKEYAN
            SRI.NIREESH MATHEW
            SRI.P.N.SUMODU


RESPONDENTS:

    1       THE DISTRICT COLLECTOR, THRISSUR.
    2       THE SUB INSPECTOR OF POLICE
            MANNUTHY POLICE STATION, THRISSUR DISTRICT.
    3       THE ASST.SUB INSPECTOR OF POLICE,
            MANNUTHY POLICE STATION, THRISSUR DISTRICT.


            SRI.JUSTIN JACOB, SENIOR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13206 OF 2011

                                      2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P. (C).No. 13206 of 2011
      ----------------------------------------------
      Dated this the 07th day of October, 2022


                           JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to release the vehicle bearing Reg.No.TN- 57/AZ-1960 along with the load of earth sand to the petitioner forthwith as requested in Ext.P1;

(ii) issue of a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Ext.P1 at the earliest;

(iii) declare that the seizure of the petitioner's vehicle bearing Reg.No.TN-57/AZ-1960 by the 3 rd respondent is illegal and the 1st respondent has no authority or jurisdiction to detain the vehicle or adjudicate the matter under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001; and

(iv) grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."[SIC] WP(C) NO. 13206 OF 2011

2. When this writ petition came up for

consideration on 17.05.2011, this Court passed the

following order:

"Post after vacation. The 1 st respondent is

directed to consider and take appropriate decision on

Ext.P1 petition within one week from the date of

receipt of this order."

In the light of the above interim order, nothing

survives in this case.

Therefore, this writ petition is disposed of recording

the interim order dated 17.05.2011.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13206 OF 2011

APPENDIX OF WP(C) 13206/2011

PETITIONER EXHIBITS EXHIBIT P1 A PHOTOCOPY OF THE PETITION DATED 4.5.2011 SUBMITTED BEFORE THE 1ST RESPONDENT WITH COPIES TO OTHER RESPONDENTS.

EXHIBIT P2 A PHOTOCOPY OF THE INTERIM ORDER DATED 6.11.2009 IN WP(C)NO.31197/2009 PASSED BY THIS HON'BLE COURT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE