IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 1069 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------- 1. EARTH MOVING OWNERS & OPERATORS WELFARE ASSOCIATION REG.NO.S 160/08, KOZHIKODE DISTRICT, REPRESENTED BY ITS PRESIDENT SRI.K.MAMMU. 2. C.K.KRISHNAN, S/O.KUNJIKANARAN, CHERUVALATH THAZHAKUNI, POST KURUVANGAD (VIA) KOYILANDY, KOZHIKODE DISTRICT. 3. K.A.CHANDRAN, S/O.KUNJIKANARAN, AREEKKAL, P.O. KOLLAM, KOYILANDY, KOZHIKODE DISTRICT. 4. M.K.PRABHAKARAN, S/O.SAMIKUTTY MOOSARIKANDIYIL, POST MAKKADA, (VIA) KAKKODI, KOZHIKODE DISTRICT. 5. RANJITH LAL, S/O.DEVADAS, CHERUKANDI HOUSE, POST ERANJIPALAM, KOZHIKODE DIST. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, MR.T.RAMPRASAD UNNI, MR.J.R.PREM NAVAZ. RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. THE TAHSILDAR, KOYILANDY TALUK. 4. THE TAHSILDAR, KOZHIKODE TALUK. 5. THE TAHSILDAR, VADAKARA TALUK. Kss ..2/- ....2.... WPC.NO.1069/2009 B *ADDL.R6 & R7 IMPLEADED: R6. THE CITY COMMISSIONER OF POLICE, KOZHIKODE. R7. THE SUPERINTENDENT OF POLICE (RURAL), KOZHIKODE. (*ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DTD. 3/02/2009 IN I.A.NO.1482/09) BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1069/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXTRACT OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ERNAKULAM. P2: COPY OF THE REPORT OF THE DISTRICT MINING AND GEOLOGY DEPARTMENT, ERNAKULAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1069 OF 2009 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT This writ petition is filed by an association and others espousing a case as owners of Earth Moving equipments and Operators. The complaint is that there is indiscriminate action by police as against tipper lorries, excavators, JCBs etc. They seek a direction forbearing the respondents from stopping their such vehicles as long as they are not engaged in illegal or objectionable activities. They seek a declaration also that the stopping, detaining or confiscating the vehicles carrying mud/red earth belonging to the petitioner and the members of the first petitioner would be violative and discriminative in terms of Articles 14, 19 and 21 of the Constitution of India. An interim order was issued at the stage of admission. The said interim order is made absolute and the writ petition is ordered accordingly, so that, if any person aggrieved by WPC.1069/09 2 individual matters can take recourse to appropriate legal authorities. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/02.