IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6364 of 2010(U) ------------------------------------ PETITIONER(S): ------------------------ SHAMON.P.S, AGED 34, S/O.SHAHUL, PANACHIYIL HOUSE, ERUMELI.P.O, KOTTAYAM DISTRICT. BY ADV. MR.P.A.MOHAMMED SHAH RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM. 2. SUB-INSPECTOR OF POLICE, ERUMELI, KOTTAYAM DISTRICT. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6364 OF 2010 --------------------------------------- Dated this the 3rd day of March, 2010. J U D G M E N T The petitioner is the registered owner of 1993 model, TATA 608 Mini Lorry bearing Registration No.KL-7/E 5325. On 17.02.2010, the vehicle was loaded with two metric tonnes of sand from the depot at Changanacherry owned by one Nazir.K. According to the petitioner, he had paid an amount of Rs.2,400/- for the sand and the licensee gave a P Form which is issued under Rule 48K of Minor Mineral Concession Rules, 1967. The same is produced as Exhibit P2. It is averred in the writ petition that in the P Form the time for departure was specified as 6.55p.m on 17.02.2010. The vehicle was seized by the 2nd respondent on the allegation of illegal transportation of sand. In paragraphs 3 and 4 of the writ petition, the petitioner has explained certain events including the break down of the vehicle while plying. 2. According to the petitioner, he has filed Exhibit P5 W.P.(C) No.6364/2010 2 application before the 1st respondent seeking for interim custody of the vehicle. It is submitted that the seizure itself is illegal and there was valid pass for transportation of the sand. It is also submitted that the authorities have not properly considered the documents produced by the driver of the vehicle. It is submitted by the learned counsel for the petitioner that the matter is posted for hearing today at 3.30 p.m. There will be a direction to the 1st respondent to pass appropriate orders, after hearing the petitioner, within a period of seven days. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. While considering the contentions of the petitioner, the 1st respondent will verify the originals of the documents produced by the petitioner as Exhibits P2, P3 and P4. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp