AJAS P M Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner's lorry bearing registration No.KL-7-C-197 has been seized by the first respondent alleging that the driver of the petitioner transported river sand in the said vehicle. Going by the averments in the writ petition, so far the action has not been finalised. The petitioner contends that the Revenue Divisional Officer is not having any power to deal with the matter, in the light of the fact that the Ordinance has lapsed by July, 2011. The said legal position is clear from the judgment of this Court in Raju v. Circle Inspector,2012 2 KerLT 350. The petitioner is relying upon the judgment of a Division Bench of this Court in Sujith v. State of Kerala, 2012 2 KerLT 547 whereby a direction has been issued to the officers concerned to file a report before the Criminal court having jurisdiction, so that the parties will be able to seek remedy under the Code of Criminal Procedure. The relevant paragraph is extracted below:

(2.) Therefore, if the proceedings have not been concluded so far, the respondents will take appropriate action in terms of the directions issued by the Division Bench in the above judgment. The same will be done after getting a status report from the District Collector or the Revenue Divisional Officer, as the case may be, within a period of two weeks from the date of production of a copy of this judgment along with a copy of the writ petition.