IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33664 of 2011(G) -------------------------------- PETITIONER(S): ------------------ KARTHIKA SAND, V/148, VAZHAKKALA, THOPPIL, THRIKKAKARA P.O., KOCHI-21, REPRESENTED BY ITS PROPRIETOR, V.JOSHY. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SRI.PAUL K.PETER RESPONDENT(S): ------------------- 1. DIRECTOR GENERAL OF POLICE, OFFICE OF DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, KOLLAM, KERALA STATE, PIN-691 001. 3. SUPERINTENDENT OF POLICE, ALAPPUZHA, KERALA STATE-688 001. 4. DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT, KERALA STATE-688 524. 5. SENIOR GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD, THRIKKAKARA, ERNAKULAM-682 030. WP(C).No. 33664 of 2011(G) -2- 6. THRIKKAKARA MUNICIPALITY, KAKKANAD, KOCHI-682 030, REPRESENTED BY ITS SECRETARY. ADV. SRI.S.SHANAVAS KHAN FOR R6 GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33664 of 2011(G) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF the DEALERS LICENSE ISSUED TO THE PETITIONER BY THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD DT.01/10/11. EXT.P2:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT.23/09/10 ISSUED TO THE PETITIONER UNDER THE KERALA VALUE ADDED TAX RULES, 2005 BY THE COMMERCIAL TAX OFFICER, KALAMASSERY. EXT.P3:- TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY THRIKKAKARA MUNICIPALITY DT.27/06/11. EXT.P4:- TRUE COPY OF THE RDER PASSED BY THE DISTRICT COLLECTOR, EKM AS PER ORDER NO.L-10-62164/09/L DIS. DT.12/01/10. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.33664 of 2011 ------------------------------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who is proprietor of “Karthika Sand”, which is said to be engaged in the business of procurement and transportation and sale of river sand in a lawful manner on the basis of permits issued by the Geologists and various other statutory authorities, complains that without any justifiable reason police officers under respondents 1 to 4 are intercepting their lorries. This according to the petitioner is harassment. 2. On considering this Writ Petition for admission, we directed Sri.M.K.Aboobacker, the learned senior Government Pleader to seek instructions as to the truth or otherwise of the accusations. Sri.Aboobacker, the learned senior Government Pleader submitted today before us that the accusations of harassment are without any truth. The W. P. C. No.33664 of 2011 -2- petitioner is bound to keep the originals of the permits and other statutory documents on the strength of which he is carrying on business in the lorries. The interception of the lorries is being done by the police officers is only for the purpose of checking and verifying whether the above statutory mandate is complied with. This action cannot be branded as harassment. 3. Sri.Joseph Sebastian Purayidam, the learned counsel for the petitioner submitted that for hours together the lorries are being detained even though all the requisite documents were kept in the lorries and handed over to the intercepting officers for perusal. 4. Having considered the rival submissions addressed at the Bar, we are of the view that the action of the police in intercepting the lorries transporting river sand and ordinary sand for the purpose of checking and verifying whether the petitioner is issued with requisite permits by the Geologists and other competent authorities cannot be branded as harassment. But the interception of the lorries shall not be W. P. C. No.33664 of 2011 -3- for unduly long periods. The inspection of records should be completed by the intercepting officer at the earliest and once it is seen that all requisite documents are available in the lorry, the lorry should be released. 5. With the above directions we dispose of this Writ Petition. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE