IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 949 of 2010(P) ----------------------------------- PETITIONER: ------------------- MOHAMMED KOYA, S/O. MOHAMMED, AGED 31 YEARS, POOVATHINGAL HOUSE, EDAKKAZHIYOOR DESOM, PUNNAYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT (OWNER OF ACE VEHICLE BEARING REGISTRATION NO.KL-07-BD-8681). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, VADAKKEKKADU POLICE STATION, THRISSUR DISTRICT. 3. THE DISTRICT GEOLOGIST, THRISSUR DISTRICT. R1 TO R3 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 949 of 2010-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010. JUDGMENT The petitioner is the registered owner of an Ace bearing registration No.KL-07-BD-8681 with a valid route permit. It is the case of the petitioner that the above vehicle has been seized by the 2nd respondent on 4.1.2010 with an allegation that the vehicle was found transporting river sand without valid permit. It is the case of the petitioner that the above allegation is absolutely false and the petitioner's vehicle has nothing to do with the unauthorised transportation of river sand. The petitioner transported the sand from the house of one of his relatives to his house for his personal use. It is submitted that the petitioner revealed all the above facts to the second respondent, but he produced the vehicle before the first respondent wit the load of sand. The petitioner contended that the sand in the vehicle is not river sand and hence the first respondent has no authority to conduct adjudication in the matter. The petitioner therefore submitted Ext.P1 request to the first respondent to verify the sample of the sand and also for release of the vehicle. Since no orders are passed on Ext.P1, the petitioner has filed this writ petition. wpc949 /2010 2 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to take a decision on Ext.P1 within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions and on such terms and conditions. The matter will be considered in accordance with law. There will be a further direction to the first respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and the registered owner and after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/