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2014 Supreme(Online)(KER) 44422

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
VILSON – Appellant
Versus
THE DISTRICT COLLECTOR    Advocate - GOVERNMENT PLEADER GOVERNMENT PLEADER – Respondent


JUDGMENT

The petitioner herein is the owner of a goods vehicle bearing registration No.KL-57/2713. The said vehicle was seized by the third respondent on 20.2.2014 on the allegation that it was used to transport river sand without a valid permit in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In this writ petition, the petitioner prays for an order directing the respondents to release the lorry forthwith and a declaration that the respondents have no authority to seize the goods in his motor vehicle and initiate proceedings against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

2. The main ground raised in the writ petition is that the goods carried is not river sand but mortar purchased from the State of Karnataka. When this writ petition came up for admission hearing before me on 26.2.2014, while admitting the writ petition, I passed the following interim order:-

“Admit. Learned Government Pleader takes notice for the respondents.

There will be an interim order directing the District Geologist, Kasaragod to inspect the commodity carried in the goods vehicle beari

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