BHASKARAN, GOVERNMENT CONTRACTOR Vs. DISTRICT COLLECTOR,

JUDGEMENT

(1.) In this writ petition, petitioner complains of detention of lorry bearing registration No. KL-36-7696. According to the petitioner, pursuant to Ext.P1 proceedings of the Panchayat, he made an application to the second respondent for obtaining permit for removal of red earth. It is stated that orders were not passed thereon. At that stage, petitioner approached this Court and obtained Ext.P2 judgment. Pursuant to the directions in Ext.P2 judgment, the District Collector issued Ext.P3 proceedings. Ext.P3 states that subject to the conditions mentioned therein, if an application is made by the petitioner, the Tahsildar will conduct necessary enquiry and permit the petitioner to remove the earth. The petitioner submits that as he had already made an application to the second respondent on which orders have not been passed, in pursuance to Ext.P3 proceedings, he removed the red earth. When the lorry was seized by the authorities, he made Ext.P4 representation for release of the vehicle. There was no response. In these circumstances, this writ petition is filed.

(2.) Learned Government Pleader, on instructions, submits that although by Ext.P3, the petitioner was directed to make an application for the issuance of a permit as directed therein, no application was made by the petitioner. It is stated that on account of the above, the Tahsildar issued a notice to which also there was no response from the petitioner. It is stated that, without obtaining permit, red earth was removed and that it was therefore that lorry was seized. Learned Government Pleader further submits that the proceedings are now pending before the District Collector.

(3.) Even if it is true that pursuant to Ext.P1, the petitioner had made an application before the second respondent for the issuance of a permit, going by the directions in Ext.P3, the petitioner ought to have made an application for the said purpose. This admittedly was not done. Therefore, the proceedings cannot be interfered with in this proceedings. If that be so, at this stage, what is required is that the District Collector shall finalise the proceedings with notice to the petitioner. This, the District Collector shall do, at any rate, within four weeks from the date of production of a copy of this judgment.