IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 15770 of 2008(B) -------------------------- PETITIONERS: ------------ 1. P.MUJEEB RAHIMAN, S/O.SAIDALAVI, PARA HOUSE, PALAKKARAPARAMBA, KOLATHUR P.O, ANGADIPPURAM, PERINTALMANNA. 2. ABDUL NAZAR K.P, S/O.MUHAMMED HAJI K.P, KALLUPALATHINGAL HOUSE, KOLATHOOR PO, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.15770 OF 2008-B ----------------------------------------- Dated 17th June, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are the registered owners of goods vehicles . The first petitioner owns a Mini Lorry with registration No.KL-10/Q 8051. The 2nd petitioner is the owner of vehicles bearing registration Nos.KL-10/X 9671 and KL-11/H 6962. They submit, they are earning a livelihood by plying those vehicles. While so, on 18.5.2008, a Police Constable from the Kolathur Police Station came to the lorry stand, searching for the vehicles of the petitioners. After two days, the Sub Inspector of Police himself came to the lorry stand in search of the petitioners and their vehicles. They are given to understand that the action is being taken at the instance of the Revenue Divisional Officer. In the above background, this Writ Petition is filed, seeking a direction to the R.D.O and the S.I of Police, Kolathur, not to harass the petitioners and compel them to produce their goods carriage vehicles before the police or the revenue authorities. WPC 15770/2008 2 2. The A.S.I of Police, Kolathur Police Station has filed a report before this Court. According to that report, the R.D.O had filed a complaint before the police on 28.4.2008, stating that a few vehicles including the vehicles of the petitioners were found to have been transporting river sand illegally. They were seized and while the mahazar was being prepared, the vehicles were driven away by the persons in charge of the vehicles. Therefore, the police were informed of the same, to seize those vehicles. 3. The petitioners have filed an additional affidavit and along with that they have produced Ext.P4 order of the Sessions Court, Manjeri, granting anticipatory bail to three drivers of the petitioners. The bail wsa granted in Crime No.187/2008 of Kolathur Police Station, registered under Section 353 read with Section 34 of the I.P.C. 4. If the allegation of the police is correct, we find nothing wrong with the police searching for the vehicles of the petitioners. If their allegation is incorrect, the petitioners may work out their remedies before WPC 15770/2008 3 the appropriate forums. This Court cannot go into such disputed questions. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/