Dismissed
Shameer v. the District Collector, Thrissur
Kerala HCWP(C)/11242/2010
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 21ST DAY OF JULY 2017/30TH ASHADHA, 1939
WP(C).No. 11242 of 2010 (E) ----------------------------
PETITIONER:
SHAMEER, S/O.ALI, AGED 30 YEARS, PARAKKOTT HOUSE, KARA P.O, EDAVILANGU VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT., (OWNER OF A MINI LORRY BEARING REGISTRATION, NO.KL-07-K-6120).
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, THRISSUR.
2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THRISSUR DISTRICT.
BY GOVERNMENT PLEADER SRI RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 11242 of 2010 (E)
PETITIONERS EXHIBITS:
P1: TRUE COPY OF THE ORDER DATED 23.1.2010 PASSED BY THE FIRST RESPONDENT.
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
K.V. P.S.TO JUDGE
A.MUHAMED MUSTAQUE, J. =========================
W.P.(C).No.11242/2010
Dated this the 21st day of July, 2017
J U D G M E N T
The petitioner approached this Court aggrieved by an order passed by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner is the owner of the vehicle bearing No. KL-07/K-6120. The above vehicle was found transporting river sand without pass. The petitioner’s case is that it was ordinary sand and he was having necessary pass. According to him, he has produced all the documents before the District Collector. However, in the impugned order it is mentioned that the petitioner had not produced any valid documents. He has also not chosen to produce any documents before this Court. The petitioner also made a request before the District Collector to send the minerals for sample test. It is to be noted that the petitioner has to prima facie prove that it is ordinary sand as claimed by him. Since he has failed to produce any documents to show that it was ordinary sand, his
WPC 11242/2010
-:2:-
request for sample test cannot be considered. There are no materials before
this court to interfere with the order of the District Collector. Accordingly,
the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
Shameer
The District Collector, Thrissur
The Sub Inspector of Police, Kodungallur
A. MUHAMMED MUSTAQUE
As recorded by the court registry
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