High Court of KeralaWP(C)/28398/2015disposed of

Mohammed Haneefa v. The Sub Inspector Of Police

2015-09-18Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28398 of 2015 (Y) ---------------------------- PETITIONER :

---------------------- MOHAMMED HANEEFA,S/O.MUHAMMED, AGED 40 YEARS, THONIKKADAVATH HOUSE, KUDALLUR.P.O., ANAKKARA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

1. THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, PALAKKAD DISTRICT, PIN-679 513

2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD, PALAKKAD DISTRICT, PIN-679 513

3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, PIN-679 513

4. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM.

BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.28398/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE SEIZURE MAHASSAR DATED 01/09/2015 PREPARED BY THE FIRST RESPONDENT.

P2 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 22/11/2014 IN WPC.NO.31228/2014 RESPONDENT'S EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28398 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

J U D G M E N T

The petitioner's vehicle bearing registration No.KL-08-U3743 has been seized alleging transport of river sand without permit. The petitioner requested the Revenue Divisional Officer to take the sample and send the same for analysis by the 4th respondent. It is submitted by the counsel for the petitioner that the sample has already been taken. In view of the above, there shall be a direction to the second respondent to forward the sample to be analysed by the 4th respondent. Needful shall be done within two weeks. Thereafter, the 4th respondent shall send the report after analysing the second respondent within a further period of two weeks. Based on the receipt of report from the fourth respondent, the second respondent shall finalise the proceedings within two weeks after hearing the petitioner. Till a decision is taken in the matter, the petitioner shall not be

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arrested pursuant to Ext.P1 FIR. Till a decision is taken by the Revenue Divisional Officer, Ext.P1 proceedings shall stand suspended.

This Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

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