High Court of KeralaWP(C)/34175/2015disposed of

Sudheer v. The Sub Inspector Of Police

2015-11-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 34175 of 2015 (V) ---------------------------------------- PETITIONER:

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1. SUDHEER, AGED 30 YEARS, S/O.SAIDUMUHAMMED, PARAPPANA, KINASSERY P O, KANNADI VILLAGE, PALAKKAD DISTRICT (OWNER OF THE LORRY BEARING REGISTRATION NO KL 10 D -9003.

2. NASRUDHEEN, AGED 33 YEARS, S/O.MUHAMMED, CHERIPURATH HOUSE, ATTASSERY P O, PANAMKUNN, KARIMBUZHA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT (DRIVER OF THE LORRY BEARING REGISTRATION NO KL 10-S-9003).

BY ADV. SRI.P.M.ZIRAJ RESPONDENTS:

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1. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, PALAKKAD DISTRICT, PIN 678583.

2. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT, PIN 679513.

3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT 679513.

4. THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM 695001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34175 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE MAHASSAR DTD 12/10/2015 PREPARED BY THE FIRST RESPONDENT P2:- TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD. 22/11/2014 IN WPC NO 31228/2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34175 of 2015 ****************************************************************************** Dated this the 12th day of November, 2015

JUDGMENT

The first petitioner's vehicle bearing registration No.KL-10-S9003 has been seized alleging transport of river sand without permit. The petitioners requested the Revenue Divisional Officer to take the same and send the same for analysis by the 4th respondent. It is submitted by the counsel for the petitioners 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 analyzed by the 4th respondent. Needful shall be done within two weeks. Thereafter, the 4th respondent shall send its report after analyzing to the second respondent within a further period of two weeks. Based on the receipt of report from the 4th respondent, the second respondent shall finalize the proceedings within two weeks after hearing the petitioners. Till a decision is taken in the matter, the petitioners shall not be arrested pursuant to Ext.P1. Till a decision

W.P.(C) No.34175 of 2015 2 is taken by the Revenue Divisional Officer, Ext.P1 shall stand suspended.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln