Sethu G.S vs The State Of Kerala
2023 Latest Caselaw 11469 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                         WP(C) NO. 33592 OF 2023
PETITIONER:

              SETHU G.S
              AGED 28 YEARS
              S/O SUBHASH P.N, RESIDING AT GOPURATHIL HOUSE, MANDANAM
              P.O, KUNNAMTHANAM, PATHANAMTHITTA, PIN - 689581
              BY ADVS.
              MANU GOVIND
              A.JAYASANKAR
              AYESHA MARIA JOHN


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA,
              GOVERNMENT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        THE DISTRICT COLLECTOR
              PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA,
              PATHANAMTHITTA DISTRICT, PIN - 689645
     3        THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF)
              POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
              PIN - 695014
     4        THE SUB INSPECTOR OF POLICE
              KEEZHVAIPUR POLICE STATION, KEEZHVAIPUR P.O,
              PATHANAMTHITTA DISTRICT, PIN - 689587
     5        THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, NEAR
              KENDRIYA VIDYALAYA, ADOOR P.O, PATHANAMTHITTA, PIN -
              691523
              SRI. BIMAL K. NATH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) . No. 33592 OF 2023

                                 2

                              JUDGMENT

The lorry belonging to the petitioner with Reg.

No. KL-59-H-8255 was seized by the 4 th respondent,

the Sub Inspector of Police alleging that the vehicle

was carrying building wastes which include red soil.

The petitioner submits that the vehicle was not

transporting any red earth and on the contrary it was

carrying only building waste and debris and that the

seizure of the vehicle is illegal and has to be released

forthwith.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. The learned Government Pleader, on

instructions, submit that seizure of the vehicle has

been reported to the Geologist by the Station House

Officer.

W.P.(c) . No. 33592 OF 2023

Accordingly, there will be a direction to the 5 th

respondent, the Geologist to report the seizure of the

vehicle along with relevant documents before the

jurisdictional Court within a period of one week from

the date of receipt of a certified copy of this

judgment. It will be open to the petitioner to

approach the jurisdictional Court for release of the

vehicle.

The writ petition is disposed of with the above

direction, leaving open the contentions of the

petitioner.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu W.P.(c) . No. 33592 OF 2023

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 03.08.2023 BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE LETTER NO.

872/DOPTA/E/2023 DATED 11.08.2023 Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 14.08.2023 BY THE PETITIONER TO THE DISTRICT COLLECTOR, PATHANAMTHITTA Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23.08.2023 BY THE PETITIONER TO THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA Exhibit P5 TRUE COPY OF THE BUILDING PERMIT BEARING NO SC 3- BA(62791)/2023 DATED 16.02.2023 ISSUED TO MR SATHEESHAN PILLAI Exhibit P6 COPY OF THE SITE PLAN WITH THE NOTIFIED AREA PROPOSED TO BE DEMOLISHED Exhibit P7 COPY OF GUIDELINES ON ENVIRONMENTAL MANAGEMENT OF CONSTRUCTION AND DEMOLITION WASTE