IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 17760 of 2008(L) -------------------------- PETITIONER: ------------ RIYAS, S/O.KUNJU MOHAMMED, AGED 36 YEARS, KANDATHIL HOUSE, THRICHATTUKULAM, CHERTHALA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, CHERTHALA. 2. THE SUB INSPECTOR OF POLICE, CHERTHALA. 3. THE SUB INSPECTOR OF POLICE, POOCHAKAL. BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 17760 OF 2008-L ----------------------------------------- Dated 13th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a dealer in ordinary sand. He submits, he has got the necessary licence for the same under the Kerala Minor Mineral Concession Rules. When sand was being transported by him, supported by valid documents, the vehicles were repeatedly seized by the police. On all such occasions, the vehicles were released by the District Collector unconditionally. The petitioner relies on Exts.P3 to P5 proceedings of the District Collector, in support of that submission. The petitioner further submits that with mala fide intention to help the sand mafia, the police are seizing his vehicles, who is doing the business in accordance with law. 2. The 1st respondent has filed a statement, in which it is submitted that the petitioner was found transporting river sand without WPC 17760/2008 2 any supporting documents. Therefore, the vehicles were seized under mahazars validly. When the matter reaches the District Collector, the petitioner will produce the necessary documents and get his vehicles released. The said respondent also points out that the seizure of the vehicles transporting sand without any valid documents cannot be described as harassment. The petitioner has filed a reply affidavit, denying the allegations of the 1st respondent. 3. If the petitioner is transporting sand and the consignment is supported by valid documents like cash memorandum under Rule 48K of the Minor Mineral Concessions Rules, the police cannot seize the same. But, if the consignment is not accompanied by any valid documents, the police are bound to seize the same in discharge of their official duties. The same cannot be described as any harassment from their part. In this writ petition since the facts are disputed, we cannot render any final decision. But, we record the submission of the learned Government Pleader that if the consignment of sand is accompanied by WPC 17760/2008 3 necessary documents as per law, the police will not seize the same. Recording the above submission, the writ petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/