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2008 Supreme(Ker) 592

K.BALAKRISHNAN NAIR, M.C.HARI RANI
Construction Material Movers Association – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:V.M. Krishnakumar, Advocate. For the Respondents: Government Pleader.

Judgment :-

Balakrishnan Nair, J.

The petitioners have approached this Court alleging, inter alia, harassment of police, when they transport ordinary earth used for land filling. The 1st petitioner is Construction Material Movers Association. The petitioners 2 to 11 are the members of the 1st petitioner. They are owners/operators of goods carriages, which are mainly used for carrying construction materials. When they are transporting red earth used for filling plots, where constructions are proposed to be undertaken, the revenue and police officials are interfering and restraining their vehicles. They say, for excavation and transporting of red earth, Government sanction is not necessary. They rely on Ext.P5 judgment of this Court, in support of that submission. They submit, the vehicles are seized by the revenue and police officials and thereafter released, imposing a fine upto Rs.40,000/-. Ext.P6 is a receipt issued by the Tahsildar, Thrissur, levying a fine of Rs.40,000/- and Ext.P7 is a receipt issued by the Sub Inspector of Police, Irinjalakuda, levying a fine of Rs.2,000/-. The petitioners contend, such actions of the authorities are ultra vires and unauthorised.

2. The petiti



























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