UBAISE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the owner of the vehicle bearing Reg.No.KA/21/A/1931. It is stated that river sand was purchased from the State of Karnataka and that the same was being transported in the concerned vehicle, to the various destinations in Kerala, on the strength of valid passes. In the course of transit, the vehicle was intercepted and seized alleging that the petitioner was illegally transporting river sand in Kerala. It is in the said circumstance that the petitioner is constrained to approach this Court, seeking for immediate intervention.

(2.) THE learned counsel for the petitioner submits that a similar case was considered and disposed of by this Court vide judgment dated

(3.) AFTER hearing both the sides, this Court finds it fit and proper to direct the competent authority under Act 18 of 2001 to enquire into the issue and adjudicate the matter on merits. Accordingly, the petitioner is set at liberty to file representation with all the relevant particulars before the competent authority, within 'ten days' from the date of receipt of a copy of this judgment, upon which necessary enquiry shall be conducted as to the genuineness of the pass and the matter shall be adjudicated on merits, after affording an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'six weeks' from the date of receipt of the applications, as aforesaid. It is open for the petitioner to seek for interim custody of the vehicle, upon which the same shall be considered and appropriate orders shall be passed within 'two weeks', taking note of the observations made by the Full Bench in 2010(3) KHC 333 ( Shan C.T. v. State of Kerala).