IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 9522 of 2010(M) ------------------------------------ PETITIONER(S): ------------------------- SUDHEER, SON OF EBRAHIM, AGED 33 YEARS, RESIDING AT THOPPILPARAMBIL, MANNAM P.O., PARAVOOR DESOM, PARAVOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT (OWNER OF THE LORRY BEARING REGISTRATION NO.KL-17-9029). BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT. 3. THE DISTRICT GEOLOGIST, ERNAKULAM. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9522 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2010. JUDGMENT The petitioner's vehicle, viz. KL-17-9029 was seized by the first respondent on the allegation that the vehicle was found transportation of river sand unauthorisedly. According to the petitioner what is transported is only ordinary sand with a valid cash memorandum issued by the third respondent. 2. The dispute raised by the first respondent was with regard to the sand transported. The sand was examined by the Geologist and he issued a certificate as per Ext.P1 stating that on an assessment of the sand seized, it is seen that it is only ordinary sand. In these circumstances, the petitioner has filed an application, Ext.P2 before the first respondent for compounding the offence and the petitioner also submitted a representation as Ext.P3 before the District Collector. 3. It is up to the District Collector to take a decision as requested for in Ext.P3. The District Collector will consider Ext.P1 report submitted by the Geologist and if it is found that Ext.P1 report can be accepted, then the report along with the files will be sent back by the District Collector, to the wpc9522 /2010 2 Sub Inspector of Police for considering the application for compounding, Ext.P2. Orders shall be passed within a period of seven days from the date of receipt of a copy of this judgment. The request of the petitioner for release of the vehicle will depend upon the decision to be taken by the District Collector as well as the Sub Inspector of Police. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/