IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 12973 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. AUGUSTINE P.D., PUTHEN PARAMBIL, THONNAKKADU, CHENGANNUR, ALAPPUZHA DISTRICT. 2. SADASIVAN S/O. ACHUTHAN, KANJIKKAL VADAKKATHIL, THONNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT. 2. TAHSILDAR, CHENGANNUR, ALAPPUZHA DISTRICT. 3. SUB INSPECTOR OF POLICE, TRAFFIC UNIT, CHENGANNUR, ALAPPUZHA DISTRICT. 4. DISTRICT COLLECTOR, ALAPPUZHA. SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------- W.P.C.No.12973 OF 2009 -------------------------- Dated this the 30th day of April 2009 ------------------------------------- J U D G M E N T The petitioners have approached this court challenging the action pursued by the 1st respondent in detaining the vehicles bearing Nos.KL 31A 1471 and KL 05 V 5301 allegedly placing reliance on Ext.P7 dated 23/04/2009 which is a general order issued by the 1st respondent under Section 144(1) of the Cr.P.C. The learned counsel for the petitioners submits that all the necessary permits and consent have already been obtained by the petitioners for doing the operations and hence are entitled to pursue the same in view of the decision rendered by a Division Bench of this Court vide Ext.P4 judgment making it clear that so long as a citizen, after obtaining valid permit from the authorities, indulge in activities not prohibited W.P.C.No.12973/09 2 by law, there cannot be any physical obstruction to such activity. 2. It is also relevant to note from Ext.P7 passed by the 1st respondent that the 1st respondent has made clear in the penultimate paragraph of Ext.P7 order that it will not be applicable to the vehicles engaged in connection with the Tsunami project, Railway, KSTP, PWD and also in respect of the vehicles which have been permitted to do the operations as consented by the Court. This being the position, there is absolutely no point in detaining the vehicles belonging to the petitioners by the respondents concerned. 3. In the above circumstances, the 4th respondent is hereby directed to consider Ext.P9 and pass appropriate orders in the light of the above observations after giving an opportunity to hear the petitioners as expeditiously as possible and at any rate within three weeks from this date. P.R.RAMACHANDRA MENON, JUDGE jsr W.P.C.No.12973/09 3