Disposed

Janeesh v. the District Collector

Kerala HC19 Jan 2021WP(C)/734/2021

Case brief

AI extract

What is this about?

This writ petition challenged the seizure of a vehicle carrying sand. The court disposed of the matter on admission, directing the second respondent to decide on the release of the seized vehicle within two weeks after hearing the petitioner.

What did the court decide?

Directing the 2nd respondent to take a decision on the release of the seized vehicle within a fortnight and to hear the petitioner first.

Janeesh Vs the District Collector — Environment and Pollution | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 19TH DAY OF JANUARY 2021/29TH POUSHA, 1942

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W.P(C).No.734 OF 2021(N)

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PETITIONER:

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JANEESH

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AGED 40 YEARS, S/O. KOYAKKUTTY, 5/2088, THENCHERY ILLAMPARAMBA, EAST NADAKKAVE, KOZHIKODE-673006.

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BY ADVS.SRI.SHABU SREEDHARAN

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SMT.MEENU THAMPI SHRI.AMAL STANLY

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, KASARAGODU, CIVIL STATION, VIDYANAGAR, KASARAGOD671121.

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2 THE REVENUE DIVISIONAL OFFICER, KASARAGODU, PORT OFFICE BUILDING, NEAR RAILWAY STATION, KASARAGODU-671121.

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3 SASHIKUMAR K.V.,

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DEPUTY TAHSILDAR AND HEAD, ANTI SAND THEFT SQUAD, KASARAGOD/MANJESWAR TALUK, KASARAGOD-671121.

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4 THE STATION HOUSE OFFICER, KUMBALA POLICE STATION, GHS ROAD, KUMBALA, KASARAGOD-671321.

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BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.734/2021 :: 2 ::

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J U D G M E N T

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The petitioner has approached this Court aggrieved by a seizure of a vehicle that was allegedly carrying sand contrary to the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

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When the matter was taken up for admission, it was pointed out by the learned Government Pleader that consequent to the seizure of the vehicle, the 3^rd respondent has already submitted a report to the 2^nd respondent, who is currently in seisin of the matter, and orders can be passed by the 2^nd respondent within two weeks from today. Taking note of the said submission of the learned Government Pleader, on instructions, the writ petition is disposed by directing the 2^nd respondent to take a decision in the matter of release of the vehicle that has been seized by the respondents, within an outer time limit of two weeks from today, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2^nd respondent, for further action.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/19/1/2021

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W.P.(C).No.734/2021 :: 3 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 04/10/2010 OF THE TATA MOTORS LORRY BEARING REG. NO.KL 11 AG 1781.

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EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF INSURANCE OF THE TATA MOTORS LORRY BEARING REG. NO.KL 11 AG 1781 FOR THE PERIOD FROM 12/05/2020 TO 11/05/2021.

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EXHIBIT P3 THE TRUE COPY OF THE TRANSIT PASS ISSUED BY THE BLOCK LAND AND LAND REFORMS OFFICER, JAMURIA, PASCHIM BARDHAMAN DATED 13/12/2020. EXHIBIT P4 THE TRUE COPY OF THE SEIZURE MAHZAR DATED 16/12/2020. EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30/09/2020.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Janeesh v. the District Collector

Case brief

What is this about?

What did the court decide?

Janeesh v. the District Collector

Case brief

What is this about?

What did the court decide?

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