IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WA.No. 1705 of 2011 --------------------- APPELLANT/PETITIONER: --------------------------- MUHAMMED ALI.P.K., S/O.ABDUL KHADER, POURAKANAKATH HOUSE, PUTHUPONNANI, BEEVI ROAD, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR, THRISSUR DISTRICT, PIN-680 001. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT. PIN-679 577. 3. THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, THRISSUR DISTRICT. PIN-679 562. R1 & R3 BY SENIOR GOVT,. PLEADER, SMT. K. MEERA. R2 BY ADV. SRI. C.M. MUHAMMED IQBAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1705 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. Heard the learned counsel for the appellant as well as the learned Government Pleader. 2. The main grievance of the appellant seems to be that with the naked eye the concerned police could not have identified the nature of sand as river sand because the permit at Exts.P1 and P2 were to remove port sand. 3. On perusal of Exts.P1, P2 and P4, we note that the authority was to remove the port sand from Chana I Kadavu at both Exts.P1 and P2. The seizure mahazar indicates that while the concerned police were on patrolling duty they came across the vehicle in question near Pananthara Kadavu with the load of sand. If the mining of the sand was not in accordance with Exts.P1 and P2 and the appellant was found mining the sand at altogether different kadavu irrespective of the nature of the sand W.A. No. 1705 of 2011 -:2:- the police were justified in seizing the vehicle along with the material. We are of the opinion that nothing remains for us to consider in this appeal. Accordingly we refuse to interfere. The Writ Appeal is dismissed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb