Ajith P.P. vs State Of Kerala
2021 Latest Caselaw 777 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                  WP(C).No.22339 OF 2020(N)


PETITIONER:

              AJITH P.P., AGED 27 YEARS
              S/O OF KUMARAN, POOKKOTTUPARAMPIL, EDAPPALAM
              P.O.PALAKKAD-679 308.

              BY ADVS.
              SRI.VIJAI MATHEWS
              SRI.JOSEPH THEKKEKURUVANAL

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, REVENUE
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
              695 001.

     2        THE DISTRICT COLLECTOR,
              COLLECTORATE, PALAKKAD-678 013.

     3        THE TAHSILDAR,
              TALUK OFFICE PATTAMBI, PATTAMBI, PALAKKAD
              DISTRICT-679 303.

     4        THE VILLAGE OFFICER,
              PARUTHUR VILLAGE, PALAKKAD DISTRICT-679 212.
 Writ Petition (C) No.22339 of 2020
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      5      ADDL.R5. THE REVENUE DIVISIONAL OFFICER
             OTTAPPALAM.

             SUO MOTU IMPLEADED AS ADDL.R5 AS PER ORDER
             DATED 05.11.2020 IN WPC 22339/2020.

             R1-5 BY GOVERNMENT PLEADER

OTHER PRESENT:

             GP PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Writ Petition (C) No.22339 of 2020
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                 Writ Petition (C) No.22339 of 2020
                 -----------------------------------------------
                              JUDGMENT

The petitioner owns a Mahindra tipper bearing

registration No.KL-18B-6364. The tipper of the petitioner was seized

by the revenue officials on 16.05.2020 alleging contravention of the

provisions of the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001. It is stated by the petitioner that

though proceedings for confiscation of the tipper have been initiated

by the additional fifth respondent in terms of the provisions of the

Act, the same is yet to be concluded. The petitioner, therefore, seeks

appropriate directions for release of the tipper.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

3. When the matter was taken up, the learned

counsel for the petitioner only prayed for a direction for interim

release of the vehicle pending finalization of the confiscation

proceedings.

In the light of the decision of this Court in Shan v. State Writ Petition (C) No.22339 of 2020

of Kerala, 2010 (3) KLT 413 (FB), I deem it appropriate to dispose of

the writ petition directing the additional fifth respondent to release

the tipper of the petitioner provisionally, subject to the final order to

be passed in the confiscation proceedings initiated against the

same, if the petitioner deposits 30% of the value of the tipper as

determined by the appropriate authority under the Motor Vehicles

Act in cash and furnishes security by way of immovable property for

the balance. If the petitioner is not the registered owner, the tipper

shall be released only if the registered owner has no objection in

releasing the vehicle to the petitioner. Ordered accordingly. This

shall be done within two weeks.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds 08.01.2021 Writ Petition (C) No.22339 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE RC BOOK OF THE
                       VEHICLE MAHINDRA TIPPER BEARING
                       REGISTRATION NO KL18B6364

EXHIBIT P2             TRUE COPY OF THE REPRESENTATION DATED
                       7.10.2020