IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 2506 of 2010(K) ------------------------- PETITIONER(S): --------------- SAJEESH.S, S/O.SADANANDAN,MAVILA VEEDU, PIDAVOOR,PATHANAPURAM,KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE,KUNNICODE POLICE STATION,KOLLAM DISTRICT. 3. THE COMMERCIAL TAX OFFICER,PUNALUR, KOLLAM DISTRICT. 4. SRI.S.SAJEEV,DEVAN BODY BUILDERS, PIDAVOOR,PATHANAPURAM,KOLLAM. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2506/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner is the registered owner of 2008 Model Swaraj Mazda M.G.V Tipper bearing Registration No.KL-25- 9486. The vehicle is having a hire purchase agreement with the Cholamandalama Finance Limited, Thiruvananthapuram. 2. On 23/12/2009, the vehicle was intercepted by the second respondent in Kunnicode Town and it was taken into custody alleging illegal transportation of sand without any valid pass. 3. According to the petitioner, the river sand was purchased from the fourth respondent, a registered dealer under the VAT Act who is transporting sand from Tamil Nadu under TIN No.32021157644. Ext.P2 is the copy of the certificate of registration granted to the fourth respondent and he is also having registration under the C.S.T Act and the said copy is produced as Ext.P3. It is also stated that he is conducting business in the light of the interim order and Judgment passed by this Court in W.P. (C).No.14223/2007. Exts.P4 and P5 are the copies of the interim order and the Judgment respectively. Ext.P6 is the copy of the bill No.3 dated 23/12/2009 issued to one Aneesh, Kadakkal in respect of the river sand, in question, W.P.(C). No.2506/2010 -:2:- purchased from the fourth respondent. Thus, it is contended that the transportation is not illegal. Seeking for interim custody of the vehicle, the petitioner had earlier filed an application and, this Court by Ext.P7 Judgment directed the District Collector to pass appropriate orders within a period of one week. Accordingly, by Ext.P9, the interim custody of the vehicle has been ordered but, with a condition to remit Rs.50,000/-. The petitioner is aggrieved by the direction to remit the amount of Rs.50,000/-, which according to him will cause real hardship, as he is not liable to pay any amount. 4. The learned Government Pleader on instructions submitted that the matter is posted to 17/02/2009 for the purpose of hearing on the final order to be passed, under the Act. 5. The learned counsel for the petitioner submitted that he may be allowed to produce all evidence in the matter including the details covered by Exts.P2 to P5 and the District Collector may be directed to take a decision after assessing all the materials and, if necessary, after collecting the details from the Commercial Tax Officer also. W.P.(C). No.2506/2010 -:3:- 6. The petitioner will be allowed an opportunity to adduce all evidence in the matter. Final orders will be passed expeditiously, at any rate, within a period of three weeks. The legal contentions raised by the petitioner are left open. In the light of the above direction, I am not finally pronouncing on the challenge made against Ext.P9. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms