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High Court of KeralaWP(C)/29950/2015disposed of

Muhammed Rafeek v. The Sub Inspector Of Police, Vazhakkad Police Station

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 29950 of 2015 (P) ---------------------------- PETITIONER :

--------------------- MUHAMMED RAFEEK S/O. MOIDHEENKUTTY, AGED 38 YEARS PUTHIYATHODI, CHERUVAZHIYOOR P.O., VAZHAKKADU VILLAGE, KONDOTTY TALUK MALAPPURAM DISTRICT (OWNER OF THE JEEP BEARING REGISTRATION NO.KL-10-D-7899).

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

---------------------------- 1.

THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT PIN - 673 645.

2.

THE REVENUE DIVISIONAL OFFICER THIRUR, MALAPPURAM DISTRICT PIN - 673 645.

3.

THE DISTRICT COLLECTOR MALAPPURAM DISTRICT, PIN - 673 645.

4.

THE DIRECTOR MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTOM THIRUVANANTHAPURAM.

R1 TO R4 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 29950 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE SEIZURE MAHAZAR DATED 21.8.2015 PREPARED BY THE FIRST RESPONDENT.

EXT.P2 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 15.9.2015 IN WP(C) NO. 27843/2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 29950 of 2015 ---------------------------------------- Dated this the 1st day of October, 2015

J U D G M E N T

The petitioner's vehicle bearing registration No.KL-10-D7899 has been seized alleging transport of river sand without permit. The petitioner requested the Revenue Divisional Officer to take sample and send the same for analysis by the fourth 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 fourth respondent. Needful shall be done within two weeks. Thereafter, the fourth respondent shall send its report after analysing to 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 seizure mahazar. Till a decision is taken by the Revenue Divisional Officer, Ext.P1 proceedings shall stand suspended.

This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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