IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 W.A.No.1465 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).20084/2008 DATED 03/07/2008 .................... APPELLANT/PETITIONER:- -------------------------------------- LEKSHMI AGENCIES, SABARY K.P. VI, 1050, MURINGAMANGALAM, KONNI, PIN- 689 691, REPRESENTED BY ITS PROPRIETOR, SURESH KUMAR, CHARIVU KALAYIL , KUMMANNOOR P.O., KONNI. BY ADV. SRI.V.SETHUNATH RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERMENT OF KERALA, GEOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE INSPECTOR GENERAL OF POLICE (SOUTHERN RANGE), THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.A.No.1465 of 2008 ---------------------------------------------- Dated, this the 15th day of July, 2008 JUDGMENT H.L.Dattu,C.J. In the writ petition filed, the petitioner had made the following prayers. They are as under: “1. issue a writ of Mandamus or other writ order or direction directing the respondents and subordinates under them to forbear from interfering with or taking any coercive steps against the petitioner in respect of Transport of River sand, Metal chips and metal powder from Tamil Nadu through the border check post in Kerala for sale in the State as per Exts.P1 to P3. 2. To declare that the petitioner is entitled to transport river sand, Metal chips & metal powder etc. to the State of Kerala from Tamil Nadu through the border check Post in Kerala for sale in the state as per Ext.P1 to P3”. 2. The learned Single Judge is of the opinion that the prayers so sought for by the petitioner can never be granted by any Court, much less a writ Court. The learned Single Judge has, further, observed in his order, that, blanket orders, in the form it is asked in the writ petition, also cannot be granted. 3. Being aggrieved by the said order passed by the learned Single Judge, the petitioner is before us in this Writ Appeal. 4. The learned counsel appearing for the appellant would bring to our notice the judgment of the learned Single Judge in W.P.(C).No.40589 of W.A.No.1465 of 2008 - 2 - 2003 dated 6th January, 2004 and the interim orders issued on 27th April, 2004 and 11th May, 2007 in W.P.(C).No.13055 of 2004 and W.P.(C).No.14223 of 2007 respectively. Neither in the judgment nor in the interim orders there is a blanket order in favour of the petitioners therein not to check their vehicles, if they are carrying either the sand, or the minerals or the forest produce. In that view of the matter, the reliance placed on those decisions by the appellant will not help him in any manner whatsoever. 5. We have also carefully perused the prayers made by the petitioner in the writ petition. The prayers are in the nature of omnibus prayers, so as to prohibit the respondents from checking the vehicles of the petitioner. Such sort of reliefs sought for by the petitioner cannot be granted by this Court. Keeping that aspect of the matter in view, the learned Single Judge has refused to entertain the writ petition. We are of the view that the learned Single Judge has not committed any error whatsoever, which would call for our interference. Therefore, the Writ Appeal requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-