High Court of KeralaWP(C)/31409/2015disposed of

Arshad v. The Sub Inspector Of Police

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31409 of 2015 (A) --------------------------------------- PETITIONER(S):

----------------------- ARSHAD, AGED 24 YEARS, A/O.MOISU, KUNANIYIL HOUSE, KATTIPARUTHY VILLAGE, VALANCHERY P.O., THIRUR TALUK, MALAPPURAM DISTRICT, (OWNER OF THE LORRY BEARING REGISTRATION NO.KL-50-2786) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

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

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

THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, PIN - 673 645.

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

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 31409 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD.15.9.2015 IN WPC NO.27843/2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 31409 of 2015 ------------------------------------------- Dated this the 15th October, 2015

JUDGMENT

The petitioner's vehicle bearing registration No.KL50-2786 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. According to the petitioner, in connection with the seizure of the vehicle, the first respondent lodged FIR No.699/2015 of Valanchery Police station.

In view of the above, there shall be a direction to the second respondent Revenue Divisional Officer to forward the sample to be analysed by the fourth respondent. Needful shall be done within two weeks. Thereafter, the fourth respondent shall send his report after analysing to the second respondent within a further period of two weeks. Based on the report received from the fourth

WP(C).31409/15 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 arrested pursuant to Exhibit P1 FIR.

The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs16/10/15