IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 10558 of 2008(F) -------------------------- PETITIONER: ------------ RAJESH KUMAR, S/O.RADHAKRISHNAN KARIPPUMURIYIL THUNDIYIL, KALLOOPPARA MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB-INSPECTOR, KEZHIVAYIPOOR MALLAPALLY, PATHANAMTHITTA DISTRICT. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT FOR REVENUE, GOVERNMENT OF KERALA SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 10558 OF 2008 F = = = = = = = = = = = = = = = = Dated this the 4th April, 2008. J U D G M E N T The challenge in this writ petition is against Ext. P1 by which an empty Tata mini lorry bearing registration No. KL5-C 6057 belonging to the petitioner has been seized. A reading of Ext. P1 mahazar itself gives an indication that the vehicle was not loaded with river sand, nor was the lorry engaged in transportation of river sand. If that be so, Section 27 providing for confiscation of vehicles transporting river sand is inapplicable. In view of this, the seizure of the lorry cannot be sustained. Therefore, quashing Ext. P1 this writ petition is disposed of directing that the mini lorry bearing registration No. KL5-C 6057 under detention by 1st and 2nd respondents shall be released to the petitioner on the production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-