IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 725 of 2008(J) ------------------------ PETITIONER: ------------ SAHADEVAN.M.R., LEKSHMI NIVAS, KALLIMEL P.O., MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. GEOLOGIST, OFFICE OF DISTRICT GEOLOGIST, ALAPPUZHA. 4. THE DEPUTY TAHASILDAR, MAVELIKKARA. 5. THE VILLAGE OFFICER, PERINGALA. 6. THE SUB INSPECTOR OF POLICE, MAVELIKKARA. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 725 of 2008 ------------------------------------- Dated: January 11, 2008 JUDGMENT The relief sought for in this writ petition is to direct the respondents to release the vehicle bearing registration No.KL 04 U 4360 to the petitioner. 2. It is the contention of the petitioner that the truck in question was seized on 10.12.2007. He would also contend that the truck was not engaged in the transportation of river sand and, if at all ordinary sand was transported, the same being outside the provisions of the Kerala Minor Mineral Concession Rules, is not objectionable. It is also contended that there is no provision authorising detention, particularly in the absence of such power under the Kerala Land Utilisation Order. 2. On instructions the Government Pleader submits that report was received that paddy fields were being filled up and that while the truck was carrying gravel, the same was seized. However, the learned Government Pleader could not satisfy me that any power WP(C) 725/2008 Page numbers is vested with the authorities for effecting seizure of the vehicle in the circumstances that is explained. Therefore I dispose of this writ petition directing that the truck mentioned above shall be released to the petitioner forthwith on production of a copy of this judgment. ANTONY DOMINIC, JUDGE Issue copy today itself. mt/-