IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26895 of 2011(J) -------------------------------------- PETITIONER: ------------------- JAMES JACOB, AGED 43 YEARS, S/O. JACOB, KANNOOKKADAN HOUSE, VELLANCHIRA.P.O., THAZHEKKAD, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR. RESPONDENTS: ------------------------ 1. THE SENIOR GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, ERNAKULAM-682 030. 2. SUB INSPECTOR OF POLICE, ANGAMALI POLICE STATION, ERNAKULAM-683 572. R1 & R2 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26895/2011-J: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE KERALA VALUE ADDED TAX RULES DT.D 01/04/2011. EXT.P.2: COPY OF THE LICENSE ISSUED BY THE KODAKARA GRAMA PANCHAYAT DTD. 02/05/2011. EXT.P.3: COPY OF THE PROCEEDINGS OF THE DEPARTMENT OF INDUSTRIES DTD. 06/02/2010. EXT.P.4: COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD DTD. 22/02/2010. EXT.P.5: COPY OF THE RETURNS FILED BY THE PETITIONER UNDER THE KERALA VALUE ADDED TAX RULES DTD. 14/09/2009. EXT.P.6: COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT DTD. 06/03/2011. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).NO.23314/2011 DTD. 05/09/2011. EXT.P.8: COPY OF THE RETAIL INVOICE DTD. 30/09/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J ....................................................... W.P.(C).26895/2011 .............................................. Dated this the 12th day of October, 2011 JUDGMENT Petitioner submits that he is a dealer in weathered rock sand. According to the petitioner, as per Ext.P8, he had sold a truck load of weathered rock sand to the person mentioned therein. While the material was being transported, the second respondent seized the lorry bearing registration No.KL-45B 480. The case of the petitioner is that it being weathered rock sand, it is outside the purview of the KMMC Rules and that the same has been clarified by the Director of Mining and Geology as per Ext.P6 communication. It is stated that despite the above, the vehicle has been seized by the second respondent. Petitioner contends that this controversy can be given a quietus, if the first respondent verifies the sample of material in the lorry in question. In support of this contention, the learned senior counsel for the petitioner relies on Ext.P7 judgment rendered by this Court in W.P.(C). 23314/2011 where a similar request was allowed by this Court. 2. The contention of the petitioner being as above, I feel that he is entitled to an order for getting the sample verified by the first W.P.(C).26895/11 2 respondent. In my view, if such an exercise is undertaken, the controversy can be given a quietus. 3. Therefore, I dispose of this writ petition directing that on the production of a copy of this judgment along with a copy of the writ petition, the second respondent will draw the sample from the lorry in question, with notice to the petitioner and get the same verified by the first respondent. Needless to say that the expenses involved will be that of the petitioner. The entire exercise shall be completed as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment. Further, the course of action against the vehicle in question shall depend upon the report to be submitted by the first respondent. ANTONY DOMINIC, Judge mrcs