MOHAMMED SHIHABUDHEEN Vs. THE DEPUTY TAHASILDAR, PATTAMBI

JUDGEMENT

(1.) PETITIONER is the owner of the vehicle bearing Registration No. KL -8 -AL -251, which was taken into custody by the first respondent on 09.04.2014, alleging illegal transportation of river sand. This made the petitioner to approach this Court by filing WP(C) No. 12091 of 2014, seeking for a direction to cause a sample to be taken and tested to ascertain the exact nature of the commodity transported by the petitioner and to direct the second respondent to finalize the adjudication proceedings within a specified time. An interim order was passed by this Court on 09.05.2014 to cause the sample to be taken and tested within the time as specified.

(2.) A copy of the test report has been produced as Ext. P3 in WP(C) No. 4401 of 2015, which has been filed by the petitioner for causing the matter to be finalized, enabling the petitioner to have the offence compounded in terms of Rule 60A of the Rules, since the commodity transported by the petitioner has proven to be ordinary sand and not river sand.

(3.) AS disclosed from Ext. P3 report given by the Senior Chemist (H.G.) of the Chemical Lab, attached to the Office of the Directorate of Mining and Geology, it is stated that the concerned commodity transported in the vehicle bearing No. KL -8 -AL -251 was ordinary sand.