High Court of KeralaWP(C)/32000/2015disposed of

Abdul Salam v. The Sub Inspector Of Police, Sreekrishnapuram Police Station

2015-10-20Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 32000 of 2015 (Y) ---------------------------- PETITIONER :

---------------------- ABDUL SALIM, S/O.KUNJUMUHAMMED, AGED 32 YEARS, NALAKATH, KODAKKADU.P.O., KOTTOPADAM II VILLAGE, MANNARKKADU TALUK, PALAKKAD DISTRICT (OWNER OF THE LORRY BEARING REGISTRATION NO.KL-13-L-1332) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT, PIN-678 583

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

3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-679 513

4. THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM-695 001 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.32000/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE FIR NO.0769 DATED 10/10/2015 OF SREEKRISHNAPURAM POLICE STATION 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.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 32000 of 2015 ================== Dated this the 20th day of October, 2015

J U D G M E N T

Petitioner's vehicle KL-13-L-1332 has been seized alleging violation under the provisions of Kerala Protection of River bank and regulation of removal of sand Act, 2001. The petitioner made a request before the 2nd respondent to take sample of sand and forward the same for analysis by the 4th respondent. 2.

In view of the above, there shall be a direction to the 2nd respondent to take sample of the seized sand and forward the same to the 4th respondent. This shall be done within a period of two weeks from the date of receipt of the copy of this judgment. Thereafter, the 4th respondent shall send its report within a period of one week. On receipt of report from the 4th respondent, the 2nd respondent shall conclude the entire proceedings within a further period of two weeks based on the report. Till a decision is taken in the matter, the petitioner shall not be arrested pursuant to Ext.P1 FIR. Till a decision is taken by the Revenue Divisional Officer, Ext.P1 proceedings shall stand suspended.

The writ petition is disposed of as above. sd/- sab A.MUHAMED MUSTAQUE, JUDGE