IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 943 of 2010(P) ------------------------ PETITIONER(S): --------------- SHAFEEQUE, SON OF MUHAMMEDALI, AGED 24 YEARS, KANNOTH HOUSE, CHANGAMPUZHANAGAR.P.O.,UNICHIRA DESOM, THRIKKAKKARA NORTH VILLAGE,KANAYANNOOR TALUK,ERNAKULAM DISTRICT. (REGISTERED OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-07-BJ-8183) BY MR.P.M.ZIRAJ, ADVOCATE RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM. 3. THE DISTRICT GEOLOGIST, ALAPPUZHA DISTRICT. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.943 OF 2010 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioner is the registered owner of Mini Lorry bearing Registration No.KL-07-BJ-8183 with a valid route permit. It is stated that the 2nd respondent seized the vehicle on 04.01.2010 on the allegation that river sand is being transported illegally. 2. According to the petitioner, he has transported the sand with valid pass and therefore, the seizure of the vehicle and the consequent action taken by the respondents 2 and 3 cannot be supported. 3. Learned counsel for the petitioner submitted that if a sample of the sand is taken and tested in the presence of the petitioner, it will be proved that what is contained in the load is only ordinary sand. Seeking for appropriate direction in the matter, the petitioner has filed Exhibit P2 application before the District Collector. W.P.(C) No.943/2010 2 4. Learned Government Pleader on instructions submitted that the Geologist has already forwarded the report after testing the sample. But, the learned counsel for the petitioner submitted that in the presence of the petitioner no sample has been taken and therefore, the District Collector has to consider the matter afresh. It is upto the District Collector to take a decision on Exhibit P2 and consider the prayer for testing the sample of the sand after assessing various materials. There will be a direction to the District Collector to take a decision on Exhibit P2 as expeditiously as possible, at any rate, before the sand is unloaded and with notice to the petitioner. The prayer for interim custody of the vehicle will also be considered by the District Collector and the District Collector will be free to impose such conditions as he deems fit to impose. The final orders in the proceedings will be passed within a further period of two months after considering various contentions of the parties and evidence in the matter. If the petitioner seeks for copies of various documents such as mahazar, report of Geologist W.P.(C) No.943/2010 3 etc., the same also will be furnished to the petitioner on usual terms. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp