IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 22 of 2010(C) ---------------------------- PETITIONERS: ---------------- 1. T.K. GOALAKRISHNAN, S/O. KUMARAN ADIMPARAMBIL HOUSE, PARAVOOTHARA, P.O. MANNAM, N. PARAVUR. 2. RAMESH, S/O. MURALI, NEDUMPILLIL HOUSE, KIZHAKKUMPURAM, CHENDAMANGALAM P.O., N. PARAVUR. BY MR.M.SHAJU PURUSHOTHAMAN, ADVOCATE. MR.K.S.RAJESH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE ASSISTANT SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA. 4. THE S.I. OF POLICE, PUTHENVELIKKARA. BY MR.P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22 OF 2010 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The petitioners are aggrieved by the seizure of country boats by the 4th respondent. The case pleaded by the petitioners is that they are engaged in the business of transporting coconut by country boats in small islands nearby North Paravur. The petitioners have purchased the country boats from different owners and the documents have been produced as Exhibits P1 and P2. 2. The petitioners claim that the boats are having valid licences issued by the Canal Officer, North Paravur which are valid upto 31.03.2010 and 31.03.2009 respectively. Exhibits P3 and P4 are the copies of the licences relied upon in this matter. The boats were seized on the allegation that they are used for illegal transportation of river sand. This action of the 4th respondent is disputed by the petitioners. 3. Learned Government Pleader on instructions submitted W.P.(C) No.22/2010 2 that the canal pass produced are not in respect of these two country boats. It is submitted that reports have been submitted to the District Collector and the District Collector will initiate steps to finalise the proceedings. 4. Learned counsel for the petitioners prayed for a direction to the respondents not to destroy the country boats. The same is only reasonable. There will be a direction to the 2nd respondent to finalise the proceedings in respect of the country boats seized from the petitioners and appropriate final orders will be passed after hearing them and after considering various materials within a period of three months from the date of receipt of a copy of this judgment. The petitioners will file an appropriate claim petition before the District Collector and their case would be considered accordingly. The country boats will not be destroyed pending these proceedings. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp