IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 26035 of 2006(Y) --------------------------------------- PETITIONERS: -------------------- 1. J.MOHANAN PILLAI, MOHANAVILASAM, THAMARAKKULAM KIZHAKKE MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. 2. JAYAKUMAR, KOZHUVEETTIL THARAYIL HOUSE, THAMARAKKULAM KIZHAKKE MURI, THAMARAKKULAM VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE TAHSILDAR, MAVELIKKARA. 4. THE VILLAGE OFFICER, THAMARAKKULAM VILLAGE. 5. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ALAPPUZHA. 6. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THODUPUZHA, IDUKKI DISTRICT. 7. THE S.I. OF POLICE, NORANAD POLICE STATION. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26035/2006-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF THE MGC TIPPER VEHICLE OF THE P.1. DTD. 12/06/2006. EXT.P.2: COPY OF THE CERTIFICATE OF REGISTRATION OF THE MGC TIPPER VEHICLE OF THE P.1. DTD. 24/04/2006. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. TO THE R.2. DTD. 15/09/2006. EXT.P.4: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 25024/06 DTD. 26/09/06. EXT.P.5: COPY OF THE ORDER OF THE R.2. DTD. 30/09/2006. EXT.P.6: COPIES OF THE ACKNOWLEDGEMENT FOR RECEIPT DTD. 03/11/2006. EXT.P.7: COPY OF THE REPORT OF THE R.5. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 09/03/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.26035 of 2006 ---------------------------------------------- Dated 20th June, 2008. J U D G M E N T Petitioners approached this court aggrieved by the recovery of vehicles and imposition of fine. According to the petitioners, they have not transferred sand, but only ordinary earth. It is seen from Ext.P7 report of the Geologist that the matter transported in the lorry at the relevant time is only ordinary earth. Therefore, the impugned orders are quashed and the third respondent is directed to refund the amount of Rs.5,000/- recovered from the petitioners, within one month from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.26035 of 2006 ---------------------------------------------- J U D G M E N T Dated 20th June, 2008.