IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22273 of 2011(H) -------------------------------------- PETITIONER(S): --------------- FASALU. P.V., S/O.ABOOBACKER, AGED 33 YEARS, PUTHUVEETTIL HOUSE, PONNANI. P.O., CHANTHAPPADY, MALAPPURAM DT., (RC OWNER OF KL-54/3230). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI. P.O., MALAPPURAM DISTRICT. 679 583. 2. PONNANI MUNICIPALITY, REP.BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O., MALAPPURAM DISTRICT. 676 505. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 4. SUPERINTENDENT OF POLICE, RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR. 680 001. 5. CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, THRISSUR. 680 001. 6. SUPERINTENDENT OF POLICE, OFFICE OF THE SP, PALAKKAD. 678 001. 7. SUPERINTENDENT OF POLICE, RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM. 683 101. 8. CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, ERNAKULAM. 682 011. WP(C).No. 22273 of 2011(H) 9. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOTTAYAM. 686 001. 10. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 688 001. 11. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 689 645. 12. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM. 691 001. 13. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, IDUKKI. 685 602. 14. SUPERINTENDENT OF POLICE, RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, KOZHIKODE. 673 001. 15. CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, CALICUT. 673 001. 16. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, CALICUT. 673 001. 17. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KANNUR. 670 001. 18. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KASARAGODE. 671 121. 19. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, VAYANAD. 670 645. R3 TO R19 BY GOVT. PLEADER SMT.C.M. CHARISMA. R2 BY ADV. SRI.C.M.MOHAMMED IQUABAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22273 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RC BOOK OF THE VEHICLE BEARING REG. NO.KL-54/3230 DATED 17/02/2007. EXT.P2: COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 08/07/2011. EXT.P3: COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 08/07/2011. EXT.P4: COPY OF THE GO DATED 11/11/2010 ISSUED BY THE REVENUE DEPT. IN NO.58289/P3/2010/REVENUE. EXT.P5: COPY OF THE SEIZURE MAHASAR DATED 04/08/2011 ISSUED BY THE POLICE. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22273 of 2011 --------------------------------- Dated this the 23rd day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. The petitioner who is engaged in the work of transporting sand complains that notwithstanding Ext.P4 Government order the police officers respondents 3 to 19 are harassing him. Learned Government Pleader on the basis of the instructions submitted that in writ petition No.30683/10 an interim order was passed by a Division Bench of this court on 6.10.2010 on the strength of which transportation of sand for the benefit of customers other than those in Malappuram District was restricted. Since it was noticed by the police officials that the petitioner was transporting sand to areas outside Malappuram District, the petitioner's vehicles were intercepted. Learned Standing Counsel for the 2nd respondent submitted that writ petition No.30683/10 has been heard and finally disposed of by the Division Bench. Under that judgment certain relaxation have been given and it may now be possible to transport sand to even WP(C).22273/2011 2 areas outside the Malappuram District. The action of the police officers in intercepting the vehicle cannot be branded as police harassment. We dismiss the writ petition giving liberty to the petitioner to approach this court on the basis of the judgment in WPC.No.30683/10 if it is noticed that the directions in that judgment are being violated. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).22273/2011 3