G ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE main grievance of the petitioner is that, though he is having the requisite licence for bringing river sand from Tamil nadu, his vehicles are being arbitrarily detained by the respondents causing much loss and hardship to him. The learned counsel for the petitioner, placing reliance on Ext. P7 order passed by the Supreme Court submits that the petitioner is pursuing his trade strictly in accordance with law which cannot be intercepted by the respondents, unless otherwise than under due process of law.

(2.) IT is noted that when the petitioner had earlier approached this court by filing W. P. (C) 26269/08 (with slight modification in the prayer) the same was declined by Ext. P4 stating that the relief prayed for was not in respect of any specific instance and hence could not be granted; which in turn was confirmed by a Division Bench vide Ext. P5. However, similar verdict passed by the Division Bench in similar circumstances as borne by Ext. P6 was set aside by the Apex Court vide Ext. P7, the last paragraph of which is extracted hereunder:

(3.) IN view of the dictum laid by the Apex Court, which is the law of the land by virtue of Article 141 of the Constitution of india, the above Writ Petition is disposed of granting similar relief to the petitioner holding that the petitioner's vehicles shall not be detained by the border checkpost in Kerala, except in accordance with law. W. P (C) is disposed of accordingly.