IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 27894 of 2009(E) -------------------------------------- PETITIONER: ------------------- STANLY S.ALUKKAL, ALUKKAL HOUSE, CHENGAL,KALADY.PO,ERNAKULAM DISTRICT. BY ADVS. MR.ELVIN PETER P.J, SMT.POOJA SURENDRAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR,THRISSUR. 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 3. THE GEOLOGIST,DEPARTMNT OF MINING AND GEOLOGY,DISTRICT OFFICE, THRISSUR. 4. THE VILLAGE OFFICER,KILLANNOOR VILLAGE OFFICE,THRISSUR TALUK, THRISSUR. 5. SRI.GEEVAR,VILLAGE OFFICER,KILLANNOOR VILLAGE OFFICER,THRISSUR TALUK,THRISSUR. R1 TO R4 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27894/2009-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DT. 12/11/2008 ISSUED BY THE PRINCIPAL AGRICULTURAL OFFICER, THRISSUR. EXT.P.2: COPY OF THE REPORT DTD. 05/03/2009 ISSUED BY THE R.2. EXT.P.3: COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE R.3. EXT.P.4: COPY OF THE MAHAZAR PREPARED BY THE R.4. ON 30/09/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27894 of 2009 - F ---------------------------------------- Dated 28th October, 2009 Judgment The petitioner is a dealer licensed to stock and sell ordinary sand. Ext.P3 is a copy of the licence issued to the petitioner for the said purpose under the Kerala Minor Mineral Concession Rules, 1967. It appears that on 30.9.2009, the fourth respondent Village Officer came to the business premises of the petitioner and seized ordinary sand kept for sale in his business premises. Ext.P4 mahazar was thereupon prepared. The petitioner challenges the said action on the ground that what was seized is ordinary sand which he is licensed to stock and sell under Ext.P3 and not river sand. 2. When this writ petition came up for hearing on 9.10.2009 after notice to the respondents, I directed the Revenue Divisional Officer, Thrissur and the Geologist, Thrissur to jointly inspect the sand seized as per Ext.P4 mahazar and to file a report in this Court as to whether the sand seized as per Ext.P4 mahazar is river sand or ordinary sand. Today, when W.P.(C) No.27894/2009 2 the writ petition came up for further hearing, the learned Government Pleader submitted that the sand seized from the business premises of the petitioner under Ext.P4 mahazar is ordinary sand and not river sand. 4. The respondents have no case that the petitioner has stored sand in excess of the quantity mentioned in Ext.P3. It is also conceded that what was seized is not river sand. In such circumstances, I hold that the fourth respondent Village Officer acted illegally in seizing ordinary sand from the petitioner's business premises. I accordingly quash Ext.P4 and direct that the sand seized from petitioner's business premises shall be released to him forthwith. Since the fourth respondent has unnecessarily driven the petitioner to this Court, I am of the opinion that the petitioner is entitled to be compensated by award of costs. I accordingly direct the fourth respondent to pay to the petitioner the sum of Rs.1,000/- as costs, within two weeks from today. If costs as ordered is not paid by the fourth respondent within the said period, the District Collector, Thrissur shall take steps to recover the same from the fourth W.P.(C) No.27894/2009 3 respondent's salary and pay it over to the petitioner expeditiously. P.N.RAVINDRAN Judge vaa