High Court of KeralaWP(C)/36304/2015disposed of

Shihabudheen v. The Sub Inspector Of Police

2015-12-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 36304 of 2015 (K) ---------------------------- PETITIONER :

------------------ SHIHABUDHEEN, AGED 35 YEARS, S/O.VEERAN, PATTIPARAMBIL, THOOTHA P.O.

ALIPARAMBIL VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. (OWNER OF THE LORRY BEARING REGISTRATION NO.KL-14-G-3699).

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

-----------------------

1. THE SUB INSPECTOR OF POLICE CHERUPULASSERY POLICE STATION, PALAKKADDISTRICT 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.

R1 TO R4 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36304 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE REPORT SUBMITTED BY THE FIRST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM DATED 9.11.2015.

EXT.P-2:

TRUE 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 bp

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 36304 of 2015 ================== Dated this the 1st day of December, 2015

J U D G M E N T

The petitioner's vehicle bearing registration No.KL-14-G-3699 has been seized alleging transport of river sand without permit. The petitioner requested the Revenue Divisional Officer to take the sample and send the same for analysis by the 4th 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 2nd respondent to forward the sample to be analysed by the 4th respondent. Needful shall be done within two weeks. Thereafter, the 4th respondent shall send its report after analysing to the second respondent within a period of two weeks. Based on the receipt of report from the 4th 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. Till a decision is taken by the Revenue Divisional Officer, Ext.P1 proceedings shall stand suspended. Writ petition is disposed of as above.

sab A.MUHAMED MUSTAQUE, JUDGE

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