IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16234 of 2008(G) -------------------------- PETITIONER: ------------ 1. PADMARAJ, S/O.UNIKRISHNAN, POOMANGALATHIL HOUSE, CHERUKKARA P.O., PERUNTHALMANNA. 2. ABDUL NAZAR, S/O.MAMMU, CHANKINGATHODI HOUSE, KODUR, MALAPPURAM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. TAHSILDAR, TALUK OFFICE, PERUNTHALMANNA. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.5.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16234 of 2008 ================== Dated this the 30th day of May, 2008 J U D G M E N T The petitioners' lorries have been seized by respondents on allegations of illegal transport of river sand. The petitioners' contention is that even going by Ext.P1 mahzar, the lorries of the petitioners did not contain sand. But I find that the recital in Ext.P1 is to the effect that the petitioners' lorries were in the process of loading sand. This issue can only be resolved after taking evidence. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the District Collector, Malappuram, to pass orders pursuant to Ext.P1 seizure mahzar, as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2