High Court of KeralaWP(C)/991/2015disposed of

Shamsudheen K.K v. The Revenue Divisional Officer

2015-01-14Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 991 of 2015 (Y) -------------------------- PETITIONER :

----------------------- SHAMSUDHEEN K.K, S/O.SAIDALAVI, AGED 25 YEARS, MUTHALAM HOUSE, VADASSERY, PANNIPARA, AREACODE, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENT(S):

----------------------------

1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT.

2. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT, PIN-673 639.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.991/2015 APPENDIX PETITIONER'S EXHIBITS:

NIL RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 991 of 2015 -------------------------------------------- Dated this the 14 th day of January, 2015

JUDGMENT

The petitioner is the owner of the mini lorry bearing No. KL11S/477. According to the petitioner, in the course of transportation of ordinary sand on 7.1.2015, the second respondent seized the vehicle, alleging illegal transportation of river sand. The custody still continues and the matter is still to be reported before the concerned Magistrate in spite of the mandate under Section 23A (2) of the Act 18 of 2001 and also by virtue of the law declared by this Court in Aboobacker v. State of Kerala (2014 (3) KLT 26).

2. Heard the learned Government Pleader as well. nd respondent is

3. In the above circumstance, the 2 directed to take all necessary steps to report the seizure of vehicle bearing No.

KL-11S/477 before the concerned Magistrate at the earliest, at any rate, within 'one week'. It will be open for the petitioner to approach the concerned Magistrate's Court to get interim custody of the vehicle in accordance with

W.P.C. No. 991 of 2015 -2law. This will not bar the way of the concerned respondent in proceeding with appropriate steps with regard to the confiscation proceedings in terms of the relevant provisions of law. The writ petition is disposed of.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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