MOHAMMED ALI Vs. DISTRICT COLLECTOR KOZHIKODE

JUDGEMENT

(1.) BOTH the petitioners are aggrieved by the action of the second respondent Panchayat in not allowing their vehicle to be loaded with river sand. According to the petitioners, the vehicle involved is KL-11-AE 4949. Exts.P2 and P3 are the copies of the passes issued by the second respondent to the first petitioner who had purchased 2 = metric tons each of river sand from the second respondent Grama Panchayat. It is stated that the obstruction caused by the vehicle owners in the kadavu has resulted in the petitioners filing a complaint before the second respondent as per Ext.P4. The petitioners are relying upon Ext.P6 order passed by the Additional District Magistrate and Ext.P7 judgment of this Court. It is also pointed out that the sand is still remaining in the specified kadavu.

(2.) THE second respondent has filed a counter affidavit in the mater. It is mainly pointed out that on the advice of the District Collector, vehicles were parked in the kadavu so as to enable willing purchasers to load sand in the said vehicles for the purpose of transportation. It is also pointed out that those vehicles have a mark embossed on the body of the vehicle which will enable the persons loading the sand to know the quantity of sand that is to be loaded in the said vehicle. THE marking is actually the indicator which shows the level upto which the sand has to be loaded. Absence of marking on the vehicle leads to confusion. Learned counsel for the Panchayat submitted that there are no facilities for weighing the vehicles initially without sand and after loading the sand and finally in para 8 of the counter affidavit, it is stated as follows: