IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 16282 of 2002(L) ----------------------- PETITIONER: ------------ K.J.JOY S/O.LATE ITTIKKURU, KANNANAYAKKAN HOUSE,NADUVATTOM AMSOM DESOM, P.O. NORTH BEYPORE,KOZHIKODE. BY ADV. SRI.JOHN VARGHESE RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE,NALLALAM POLICE STATION,KOZHIKODE. 2. DISTRICT COLLECTOR,KOZHIKODE. 3. CHERUVANNUR NALLALAM PANCHAYATH, REPRESENTED BY ITS SECRETARY,CHERUVANNUR NALLALAM, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.16282/2002 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE DEATH CERTIFICATE OF MR.ITTIKKURU. EXT.P2 : COPY OF THE LEGAL HEIR CERTIFICATE ISSUED BY THE ADDL.TASHILDAR TO THE PETITIONER. EXT.P3 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 17.5.2002. EXT.P4 : COPY OF THE ORDER NO.H1-15024/02 PASSED BY THE 2ND RESPONDENT DT. 7.6.2002. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.16282 of 2002 ---------------------------------------------- Dated 25th January, 2008. J U D G M E N T Petitioner approached this court aggrieved by Ext.P4 order passed by the second respondent. As per the said order, the vehicle of the petitioner was confiscated for alleged illegal transportation of sand. According to the petitioner, there was valid permit. It is seen from the impugned order as well as the counter affidavit that the petitioner had not produced the permit issued by the Panchayat before the District Collector. Counsel for the petitioner submits that in case the Panchayat also is heard in the matter, the second respondent could have verified the issuance of the permit by the Panchayat. Petitioner may approach the second respondent by way of an appropriate representation for reconsideration of Ext.P4 within one month from today, in which case, the matter will be considered afresh by the second respondent with notice to the petitioner as well as the third respondent, and appropriate orders in accordance with law will be passed within another two months. The fate of the OP NO. 16282/02 2 interim order passed in CMP No.27582/02 will depend on the orders thus passed by the District Collector. The writ petition is disposed of as above. C.M.P.No.27582/02 : Dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.16282 of 2002 ---------------------------------------------- J U D G M E N T Dated 25th January, 2008.