Ramachandran v. The District Collector, Thrissur District
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 WP(C).No. 33667 of 2015 (G) ---------------------------- PETITIONER(S) :
-------------------------- 1.
RAMACHANDRAN AGED 51, S/O. RAJAN CHAKKOTTIL HOUSE, CHEEPPARA CHELAKKARA P.O., PIN - 680 586 CHELAKKARA VILLAGE, THRISSUR DISTRICT.
2.
GOVINDAN KUTTY K.A., AGED 45, S/O. AUCHUTHAN EZHUTHACHAN KARANPUZHA VILLAGE, KURUMALA CHELAKKARA P.O., PIN - 680 586 CHELAKKARA VILLAGE, THRISSUR DISTRICT.
3.
BABU AGED 40, S/O. MANI MANJANKUNNU HOUSE, ANTHROD CHELAKKARA P.O., PIN - 680 586 CHELAKKARA VILLAGE, THRISSUR DISTRICT.
BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.ANEESH JAMES RESPONDENT(S) :
---------------------------- 1.
THE DISTRICT COLLECTOR, THRISSUR DISTRICT COLLECTORATE, THRISSUR - 680 001.
2.
THE GEOLOGIST MINING & GEOLOGY DEPARTMENT COLLECTORATE, THRISSUR - 680 001.
3.
THE SUB INSPECTOR OF POLICE PAZHAYANNOOR POLICE STATION PAZHAYANNUR P.O., PIN - 680 587 THRISSUR DISTRICT.
4.
JENEESH JOSEPH AGED ABOUT 40, S/O. JOSEPH THADATHIL HOUSE, THRIKKANAYA ELANAD P.O., PIN - 680 586.
R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 33667 of 2015 (G) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1(a) : COPY OF THE REGISTRATION CERTIFICATES OF THE LORRIES OWNED BY THE IST PETITIONER.
EXT.P1(b) COPY OF THE REGISTRATION CERTIFICATES OF THE LORRIES OWNED BY THE 2ND PETITIONER.
EXT.P1(c) COPY OF THE REGISTRATION CERTIFICATES OF THE LORRIES OWNED BY THE 3RD PETITIONER.
EXT.P2 COPY OF THE PERMIT USED BY THE 4TH RESPONDENT TO REMOVE RED EARTH.
EXT.P3(a) COPIES OF THE TRANSPORTING PERMIT ISSUED TO THE IST PETITIONER.
EXT.P3(b) COPIES OF THE TRANSPORTING PERMIT ISSUED TO THE 2ND PETITIONER.
EXT.P3(c) COPIES OF THE TRANSPORTING PERMIT ISSUED TO THE 3RD PETITIONER.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn
A.MUHAMED MUSTAQUE, J.
------------------------------------------ W.P(C).No. 33667 of 2015 ------------------------------------------- Dated this the 4th November, 2015
JUDGMENT
The petitioner's vehicle has been seized by the third respondent alleging illegal transportation of ordinary earth without permit. The petitioner submits that he has valid permit to transport the ordinary earth.
2. In the above circumstances, this Writ Petition is disposed of with the following directions:
The third respondent shall forward seizure mahazar to the second respondent within two weeks from the date of receipt of a copy of this judgment and the second respondent shall verify whether there existed necessary permit and O(A) Form at the time of transporting the ordinary earth. The vehicle shall be released to the petitioner without any condition. If the second respondent is of the view that the petitioner has committed offence, the second respondent is free to permit the petitioner to compound the offence at the fee fixed by him/her.
WP(C).33667/15 Appropriate decision shall be taken by the second respondent within a further period of two days. A.MUHAMED MUSTAQUE JUDGE vgs6/11/15