IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 28630 of 2009(W) --------------------------------------- PETITIONERS: --------------------- 1. SUGATHAN, S/O. BALAKRISHNAN, AGED 50 YEARS, THAIPARAMBATH HOUSE, PERINGOTTUKARA P.O., THRISSUR DISTRICT, (OWNER OF A LORRY BEARING REGISTRATION NO. (KL-08-AP-7707). 2. MUTHSWAMY, S/O. CHINNASWAMY, AGED 32 YEARS, VIII, GANDHI VEEDHI, CHINNAYA GOUNDEN PUTHUR, ETIMADAI, COIMBATORE, (OWNER OF TIPPER LORRY BEARING REGISTRATION NO. TN.38 AJ 4946). BY ADV. MR.T.RAJASEKHARAN NAIR. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28630/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPROVED PLAN ISSUED TO MR. RAJESH.V.S., FROM THE ANTHIKKADU PANCHAYATH ALONG WITH BUILDING PERMIT NO. 219/08-09 DTD. 13/01/09. EXT.P.2: COPY OF THE PURCHASE INVOICE DTD. 18/05/2009 ISSUED FROM BISMY TRADERS, 428, HARIJIAN COLONY, MOOLATHARA, PERUMATTI, MEENAKSHIPURAM. EXT.P.3: COPY OF THE DELIVERY NOTE ISSUED FROM BISMY TRADERS, MEENAKSHIPURAM DTD. 18/05/2009 AND WHICH BEARS THE ENDORSEMENT FROM THE CHECK POST. EXT.P.4: COPY OF THE COMMON ORDER PASSED BY THE R.2. DTD. 16/09/2009. EXT.P.5: COPY OF THE GOVERNMENT ORDER DTD. 14/12/2009. EXT.P.6: COPY OF THE PROCEEDINGS OF THE MEETING CABINET SUB COMMITTEE DTD. 06/01/2010. EXT.P.7: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, PALAKKAD DTD. 15/01/2010. EXT.P.8: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28630 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010. JUDGMENT In this writ petition, the petitioners are stated to be registered owners in possession of mini lorries bearing registration Nos. KL-08-AP-7707 and TN 38 AJ 4946 respectively. These vehicles were seized by the first respondent for alleged illegal transportation of river sand. The challenge in the writ petition is to the final order passed by the District Collector as per Ext.P4. 2. In the writ petition, the petitioners’ case is that the sand was imported from Tamil Nadu. One Shri Rajesh is constructing a new house at Puthenpeedika in Thrissur District. The second petitioner is supplying sand for the construction of the said house from Tamil Nadu in his tipper lorry. Ext.P2, copy of the purchase invoice and Ext.P3, copy of the delivery note issued from Bismy Traders, Meenakshipuram are produced in support of the above case. The District Collector rejected the plea raised by the petitioners, while passing Ext.P4. 3. Along with I.A. No.4585/2010, the petitioners have produced various documents to contend for the position that transportation of sand wpc28630 /2009 2 from Tamil Nadu is not treated as illegal in the light of Ext.P5 Government Order dated 14.12.2009. It is pointed out that in the light of the above, orders are now being passed by the District Collectors for release of the vehicles even on terms. Ext.P8 is relied upon to show that the vehicle was released on paying a fine of Rs.50,000/-. 4. What is sought for now is the reconsideration of the matter by the District Collector in the light of Exts.P5 to P8. If the petitioners file appropriate applications before the District Collector by producing Exts.P5 to P8, the same will be considered and orders in accordance with law will be passed after hearing the petitioners, as expeditiously as possible. It is made clear that this Court has not considered the issues on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/