IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WA.No. 1953 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28815/2010 Dated 17/09/2010 .................... APPELLANT(S): PETITIONER ------------------------ MUJEEB RAHMAN, AGED 21, S/O.MOHAMMED ALI @ BAVA, KALATHUMPADIKKAL HOUSE, P.O.PURATHOOR, TIRUR TALUK, (REGD. OWNER, KL.10E. 9270 MINI LORRY) BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): / RESPONDENTS --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR. MR.BENNY GERVACIS, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.1953 of 2010 --------------------------------- Dated, this the 29th day of November, 2010 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge setting aside the detention order issued by the District Collector, with a direction to the District Collector to reconsider the matter. 2. When the matter came up for admission, the Division Bench directed the learned Government Pleader to get instructions from the District Collector. It is now reported that the vehicle was carrying sand with a valid pass. The detention was at 3.00 pm, whereas the pass was valid till 4 pm. In the circumstances, this Writ Appeal has to be allowed by vacating that part of the judgment of the learned Single Judge remanding the matter to the District Collector for reconsideration. Therefore, this Writ Appeal is allowed in part confirming the judgment of the learned Single Judge cancelling the impugned order, with a direction to the respondents to release the vehicle with W.A.No.1953/2010 -2- the load of sand unconditionally to the petitioner in the writ petition. This Writ Appeal is allowed in part. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg