Kerala High Court

WP(C)/38106/2007 of ABDULLAKKUTTY Vs THE DISTRICT COLLECTOR AND OTHERS on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 WP(C).No. 38106 of 2007(J) -------------------------- PETITIONER: ------------ ABDULLAKUTTY, S/O.BAPPUNU HAJI, RAMANALUKKAL HOUSE, KAIMALASSERY POST, THRIPRANGODE,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929

WP(C).No. 38106 of 2007(J)

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

PETITIONER:

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

ABDULLAKUTTY, S/O.BAPPUNU HAJI,

RAMANALUKKAL HOUSE, KAIMALASSERY POST,

THRIPRANGODE, MALAPPURAM DISTRICT.

BY ADV. SRI.K.P.SUDHEER

RESPONDENTS:

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

1. THE DISTRICT COLLECTOR, MALAPPURAM.

2. THE SUB DIVISIONAL MAGISTRATE,

TIRUR, MALAPPURAM DISTRICT.

3. THE SUB INSPECTOR OF POLICE, TIRUR,

TIRUR POLICE STATION, MALAPPURAM DISTRICT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 24/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

S.SIRI JAGAN,J

================W.P.(C).No.38106 of 2007

======================

Dated this the 24[th] day of December, 2007

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JUDGMENT

Petitioner's vehicle bearing Registration No.KL-10Z 879was seized by the respondent on allegation of illegaltransportation of river sand in violation of the provisions of theKerala Protection of River Banks and Regulation of Removal ofSand Rules, 2002. The petitioner seeks interim custody ofvehicle on the ground that the petitioner is not guilty of theoffences alleged against him.

I have heard the learned Government Pleader also. In thefacts and circumstances of the case, I dispose of the writ petitionwith a direction to the first respondent to pass final orderspursuant to Ext.P3 as provided under the Kerala Protection ofRiver Banks & Regulation of Removal of Sand Act and Rules, asexpeditiously as possible, at any rate, within seven days from thedate of receipt of a copy of this judgment, after considering theExt.P4 objection filed by the petitioner and affording anopportunity of being heard to the petitioner.

S.SIRI JAGAN, JUDGE

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