High Court of KeralaWP(C)/2694/2015disposed of

Sulfikar v. The Revenue Divisional Officer

2015-01-28Honourable 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 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 2694 of 2015 (J) --------------------------- PETITIONER :

---------------------- SULFIKAR,S/O. KOYAMON, AGED 31 YEARS, MOOCHIKAL HOUSE, KODAKKAL, THIRUNAVAYA, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT - 676 101.

2. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT - 679 571.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.2694/2015 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. 2694 of 2015 -------------------------------------------- Dated this the 28 th day of January, 2015

JUDGMENT

The petitioner is the owner of the lorry bearing No. KL04Q/3807. According to the petitioner, in the course of transportation of ordinary sand on 23.1.2015, 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-04Q/3807 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 aforesaid vehicle in

W.P.C. No. 2694 of 2015 -2accordance with law. 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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