E.Amina Vs. the District Collector

E.Amina vs The District Collector

Type Court Judgment Court Kerala Decided Dec 20, 2012

~4 min read

https://sooperkanoon.com/case/1009531

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1009531
Court: Kerala High Court
Judge: Honourable Mr.Justice T.R.Ramachandran Nair
Decided On: Dec 20, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

E.Amina

Respondent

The District Collector

Excerpt

.....is covered by exts.p3 and p4 but the vehicles have been seized by the tahsildar while they were being transported. the same is under challenge in the writ petition.2. learned counsel for the petitioners submits that there is no justification for the seizure of the vehicles since for transportation of weathered sand, going by the judgments of this w.p.(c) no.30386/2012 2 court, what is required is only delivery note or sale bill, and 'p' forms issued by the geologist is not required since weathered sand is not a minor mineral which attracts any action under the kerala protection of river banks and regulation of removal of sand act. learned counsel for the petitioners therefore prays for a direction to release the vehicles within the shortest possible time. since the contention of the petitioners is that weathered sand does not require permit from the geologist, the said matter will be considered by the district collector and the item can be checked by verifying the documents filed by the petitioners in the light of the different plea that the 1st petitioner has sold the item weathered sand under proper documents. appropriate verification will be made and the request of the petitioners for release of the vehicles will be considered and appropriate orders will be passed within a period of ten days from the date of production of a certified copy of this judgment along with a copy of the writ petition. if it is satisfied that the item transported is w.p.(c) no.30386/2012 3 weathered sand itself and no offence has been made out, the vehicles can be released without imposing any conditions. this writ petition is disposed of as above. t.r. ramachandran nair judge smp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R. RAMACHANDRAN NAIR THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 WP(C).No. 30386 of 2012 (W) --------------------------- PETITIONERS : ------------------- 1. E.AMINA, AGED 2 YEARS W/O.VEERANKUTTY HAJEE, PROPRIETOR, SHAMIL METALS IRIVETTY.P.O, THOTTILANGADU, MALAPPURAM DISTRICT PIN-670 639.

2. M.SUHARA, W/O.ABDU, PALAKKODAN HOUSE, EDAVANNA.P.O MALAPPURAM DISTRICT.

3. P.SHUHAID, AGED 2 YEARS S/O.MUHAMMEDALI, PALAKKODAN HOUSE, EDAVANNA.P.O.,MALAPPURAM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS : ---------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE DISTRICT, PIN-673 001.

2. THE TAHSILDAR,KOZHIKODE TALUK, CIVIL STATION, KOZHIKODE DISTRICT PIN-673 001. BY GOVERNMENT PLEADER SMT. SAREENA GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 30386 of 2012 (W) APPENDIX PETITIONER'S EXHIBITS : P1- TRUE COPY OF THE VAT REGISTRATION CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, MANJERI. P2- THE TRUE COPY OF THE PANCHAYATH LICENCE ISSUED ON 24.9.2012. P3- TRUE COPY OF THE TAX INVOICE RECEIPT DATED 12 12.2012 ISSUED BY THE FIRST PETITIONER. P4- TRUE COPY OF THE TAX INVOICE RECEIPT ISSUED TO TRANSPORT WEATHERED SAND IN KL 09-4019 ON 12.12.2012. P5- THE PHOTOCOPY OF THE MAHAZAR REPARED BY THE TAHSILDAR ON 13.12.2012 IN RESPECT OF THE 2ND PETITIONER. P6- A TRUE COPY OF THE MAHAZAR PREPARED AND SERVED IN RESPECT OF THE VEHICLE OWNED BY THE 3RD PETITIONER. P7- TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER ON 15.12.2012 BEFORE THE DISTRICT COLLECTOR. P8- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER ON 15.12.2012. P9- TRUE COPY OF JUDGMENT DATED 5 10.2012 IN W.P[C]NO.22595 OF 201.OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE BP T.R. RAMACHANDRAN NAIR, J.

--------------------------------------- W.P.(C) No.30386 OF 201.--------------------------------------- Dated this the 20th day of December, 2012. JUDGMENT

The 1st petitioner is a dealer in weathered sand, M sand, granite blocks etc. who has obtained registration under the Kerala Value Added Tax Act and Rules as per Ext.P1 and has also obtained licence by the Panchayath as per Ext.P2. It is stated in the writ petition that the 1st petitioner sold two loads of weathered sand after issuing sale bill. The petitioners 2 and 3 are lorry owners who have transported the item. It is also stated that the transportation is covered by Exts.P3 and P4 but the vehicles have been seized by the Tahsildar while they were being transported. The same is under challenge in the writ petition.

2. Learned counsel for the petitioners submits that there is no justification for the seizure of the vehicles since for transportation of weathered sand, going by the judgments of this W.P.(C) No.30386/2012 2 Court, what is required is only delivery note or sale bill, and 'P' forms issued by the Geologist is not required since weathered sand is not a minor mineral which attracts any action under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Learned counsel for the petitioners therefore prays for a direction to release the vehicles within the shortest possible time. Since the contention of the petitioners is that weathered sand does not require permit from the Geologist, the said matter will be considered by the District Collector and the item can be checked by verifying the documents filed by the petitioners in the light of the different plea that the 1st petitioner has sold the item weathered sand under proper documents. Appropriate verification will be made and the request of the petitioners for release of the vehicles will be considered and appropriate orders will be passed within a period of ten days from the date of production of a certified copy of this judgment along with a copy of the writ petition. If it is satisfied that the item transported is W.P.(C) No.30386/2012 3 weathered sand itself and no offence has been made out, the vehicles can be released without imposing any conditions. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp

Same Court & Year Kerala · 2012 Same Parties E.Amina vs The District Collector Same Subject Land Acquisition Same Judge Honourable Mr.Justice T.R.Ramachandran Nair