Kerala High Court

WP(C)/37733/2009 of C.SELVARAJ Vs THE SUB INSPECTOR OF POLICE & ANOTHER on 30 December 2009

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37733 of 2009(J) -------------------------- PETITIONER(S): --------------- C. SELVARAJ, S/O. CHELLAMUTHU, KULAMBUKALLAM, AYYAPPANPOTTA, MALAMPUZHA,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931

WP(C).No. 37733 of 2009(J)

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

PETITIONER(S):

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

C. SELVARAJ, S/O. CHELLAMUTHU,

KULAMBUKALLAM, AYYAPPANPOTTA,

MALAMPUZHA, PALAKKAD.

BY ADV. SRI.M.R.SARIN

SRI.M.R.SASITH

RESPONDENT(S):

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

1. THE SUB INSPECTOR OF POLICE,

MALAMPUZHA POLICE STATION, PALAKKAD.

2. THE DISTRICT COLLECTOR, PALAKKAD.

BY G.P. SRI. P.N. SANTHOSH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

S. SIRI JAGAN, J.

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W.P.(C) No. 37733 of 2009

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Dated this the 30[th] day of December, 2009

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JUDGMENT

Petitioner's lorry bearing registration No.KL-11-Z-2770 has beenseized by the 1[st] respondent on the allegation of unauthorized transportationof river sand in violation of the Kerala Protection of River Banks andRegulation of Removal of Sand Act, 2001. The petitioner submits that he isnot guilty of any violation of the provisions of the Act and the Rules. Hehas submitted Ext.P2 application before the 2[nd] respondent for interimcustody of the vehicle. The petitioner seeks a direction to the 2[nd] respondentto consider and pass orders on Ext.P2 application for interim custody of thevehicle expeditiously.

2. Heard the learned Government Pleader appearing for therespondents also.

3. In the facts and circumstances of the case, I dispose of this writpetition with a direction to the 2[nd] respondent to consider and pass orders onExt.P2 application for interim custody of the vehicle as expeditiously as W.P.(C) No. 37733/09

possible, at any rate within one week from the date of receipt of copy of this judgment. The 2[nd] respondent shall also pass final orders in the matter, asper the time limit prescribed under the Act and the Rules.

S. SIRI JAGAN, JUDGE.

Mn.

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