IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 16583 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------ SAJUDHEEN, S/O. PAREEKUTTY, AGED 29 YEARS, AMMAYATH HOUSE, THAVANOOR VILLAGE, AYAMKULAM KARA, PONNANI TALUK. BY ADVS. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. TAHSILDAR, TALUK OFFICE, PONNANI. 3. THAVANOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THAVANOOR. * 4. (N.V. MIYAMU, AMBIYATH HOUSE, ILLATHUPADI, THAVANOOR, PONNANI TALUK)-DELETED * N.V.MIYAMU, AMBIYATH HOUSE, ILLATHU-PADI, THAVANOOR, PONNANI TALUK. - DELETED AS PER ORDER IN I.A.NO.8918/09 DTD. 24/07/09) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.16583 of 2009 ---------------------------------------- Dated this the 31st day of July, 2009. JUDGMENT The vehicle belonging to the petitioner, bearing registration No.KL-48/868, was engaged for the purpose of collecting river sand from the Moolappady Kadavu. Ext.P1 permit issued on 2.5.2009 indicated the collection date as 4.5.2009. The time allotted for collection was 30 minutes. 2. It is the case of the petitioner that the vehicle was taken to the Moolappady Kadavu at 2 PM on 4.5.2009. But even before the loading process was started, the vehicle was stopped and seized by the 2nd respondent. Ext.P2, the seizure mahazar relating to the petitioner's vehicle and two other vehicles, suggests that sand was being loaded without a pass; that seeing Revenue Officials approaching, the loaded sand was immediately unloaded from W.P.(C).No.16583 of 2009 :: 2 :: the vehicle and an attempt was made to speed away with the vehicle. The vehicle then got mined in a marshy area and therefore, it was seized. 3. On the date of seizure itself, the petitioner filed Ext.P3 before the District Collector wherein he specifically pointed out the existence of a pass supporting the consignment. It is further asserted in Ext.P3 that the yellow pass is normally issued to enable sand to be loaded on the vehicle and this will be exchanged for a white pass, after the loading is completed and the vehicle is ready to leave the area. It was pointed out that the petitioner is still in possession of the yellow pass and the same can be made available at the time of hearing. 4. An order was passed by the District Collector as per Ext.P6, wherein it is W.P.(C).No.16583 of 2009 :: 3 :: asserted, that on a hearing of the parties, it was found that the vehicle in question bearing registration No.KL-48/868 was involved in the illicit transportation of sand without the aid of a pass. The contention raised by the petitioner that he had a pass, as such, has not been referred to in Ext.P6 order. There is no finding that the said contention is baseless or even not correct. I am satisfied that the issue has not been correctly approached or considered by the 1st respondent. 5. Accordingly, Ext.P6 shall stand set aside and the District Collector shall pass fresh orders, after hearing the petitioner and specifically considering the contention of the petitioner that he was in possession of a pass for loading and transportation of river sand. If necessary, notice may be issued to the concerned panchayat at the instance of the W.P.(C).No.16583 of 2009 :: 4 :: petitioner and after due enquiry with the panchayat officials, final orders shall be passed within two months from the date of receipt of a copy of this judgment. 6. In the meanwhile, in the facts and circumstances of the case, the vehicle bearing registration No.KL-48/868 shall be released to the petitioner on interim custody, subject to the following conditions: (a) The petitioner shall deposit an amount of Rs.25,000/- within two weeks from today. (b) He shall not use the vehicle for transportation of river sand or any other minor mineral, pending final orders to be passed by the District Collector. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//