Kerala High Court
The District Collector vs Shinto Simon on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
RP NO. 1025 OF 2020
AGAINST THE JUDGMENT IN WP(C).NO.2774/2020 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN WP(C):
1 THE DISTRICT COLLECTOR
COLLECTORATE, PAINAVU, IDUKKI-685 603.
2 THE REVENUE DIVISIONAL OFFICER, IDUKKI,
IDUKKI DISTRICT-685 603.
3 THE TAHSILDAR, TALUK OFFICE, PEERUMEDU TALUK,
IDUKKI DISTRICT-685 501.
4 THE STATION HOUSE OFFICER, KUMALI POLICE STATION,
IDUKKI DISTRICT-685 509.
BY SRI.SAIGI JACOB PALATTY, SR. GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WP(C):
SHINTO SIMON, AGED 41 YEARS,
S/O.SIMON, THUNDIYIL HOUSE, CHELLARKOVIL P.O., ANAKKARA,
IDUKKI DISTRICT.
BY ADVOCATE SRI.LATHEESH SEBASTIAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 2774 OF 2020
PETITIONER:
SHINTO SIMON, AGED 41 YEARS,
S/O. SIMON, THUNDIYIL HOUSE, CHELLARIKOVIL P.O. ANAKKARA,
IDUKKI DISTRICT.
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, PAINAVU, IDUKKI 685 603.
2 REVENUE DIVISIONAL OFFICER,
IDUKKI, IDUKKI DISTRICT 685 603.
3 TAHSILDAR, TALUK OFFICE, PEERUMEDU TALUK,
IDUKKI DISTRICT 685 501.
4 STATION HOUSE OFFICER,
KUMALI POLICE STATION, IDUKKI DISTRICT 685 509.
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
--------------------------------------------------------
R.P. No. 1025 of 2020
{arising out of impugned judgment dated 24.2.2020 in
WP(C).No. 2774 of 2020}
&
W.P.(C) No. 2774 of 2020
--------------------------------------------------------
Dated this the 8th day of July, 2021
COMMON ORDER / JUDGMENT
The afore captioned review petition has been filed by
the District Collector and others seeking for review and recall
of the impugned judgment dated 24.2.2020 rendered by this
Court in WP(C).No.2774/2020 filed by the respondent
herein/writ petitioner.
2. Heard Sri.Saigi Jacob Palatty, learned Senior
Government Pleader appearing for the review
petitioners/respondents 1 to 4 in the WP(C) and Sri.Latheesh
Sebastian, learned counsel appearing for the respondent
herein/writ petitioner.
3. The impugned judgment was rendered by this Court
on 24.2.2020 in this WP(C) on the factual assumption as if no
confiscation proceedings was initiated in relation to the seized
vehicle of the petitioner before the rendering of the acquittal
R.P. No. 1025/2020 &
W.P.(C) No. 2774/2020
..4..
judgment dated 29.11.2017 rendered by the learned Magistrate in
the Summary Trial case. In decisions of this Court as in Ajith
Kumar v. District Collector, Alappuzha, [2018 (4) KHC
280] it has been held that the authorities do not have jurisdiction
to continue with the seizure of the vehicle any longer and they
cannot competently initiate confiscation proceedings , if they have
not initiate confiscation proceedings before the rendering of the
acquittal judgment by the criminal court concerned .
4. Now it is pointed out by the learned Senior
Government Pleader on the basis of instructions that as a matter
of fact, confiscation proceedings were already passed by the RDO
in respect of the seized vehicle of the petitioner as early as on
29.8.2014, which is much prior to the rendering of acquittal
judgment dated 29.11.2017. On this premise, the learned Senior
Government would also point out that the abovesaid crucial and
relevant factual aspect of the matter, could not be brought to the
notice of this Court by the respondents in the WP(C), and that the
judgment is thus liable to be recalled.
5. Further it is pointed out by the learned Senior
R.P. No. 1025/2020 &
W.P.(C) No. 2774/2020
..5..
Government Pleader that, it is well established that confiscation
proceedings of a seized vehicle as well as criminal proceedings are
separate proceedings, and that in the instant case, since
confiscation proceedings has already been passed before the
rendering of the acquittal judgment by the criminal court, the
impugned judgment rendered by this Court in this WP(C) is liable
to be recalled.
6. Sri.Latheesh Sebastian, learned counsel appearing for
the respondent herein/writ petitioner would fairly submit that it
is true that, after the rendering of the judgment dated 24.2.2020
in WP(C), the writ petitioner could come to know about the
confiscation proceedings have been passed, and that the writ
petition has already challenged the said confiscation proceedings
by filing Civil Miscellaneous Appeal CMA 62/2020 before the
District Court, Thodupuzha, under the provisions of Sec.23C of
the Protection of River Banks and Regulation of Removal of Sand
Act, 2001.
7. Accordingly, it is ordered that the impugned judgment
rendered by this Court on 24.2.2020 in the above WP(C) will
R.P. No. 1025/2020 &
W.P.(C) No. 2774/2020
..6..
stand recalled. Further, it is also ordered that the writ petition will
stand dismissed, but with liberty to the writ petitioner to raise all
contentions available to him in the pending appeal filed against
the confiscation proceedings.
With these observations and directions, the above
Review Petition will stand disposed and the above Writ Petition
(Civil) will stand dismissed with abovesaid liberty.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
R.P. No. 1025/2020 &
W.P.(C) No. 2774/2020
..7..
APPENDIX OF RP.NO. 1025/2020
PETITIONERS ANNEXURE:
ANNEXURE I TRUE COPY OF THE ORDER NO.B5-377/2014
DATED 29.08.2014.
R.P. No. 1025/2020 &
W.P.(C) No. 2774/2020
..8..
APPENDIX OF WP(C).NO.2774/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE BEARING NO.
KL-37A-7705.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED
29.11.2017 IN S.T. NO. 234/2016 GRAMA
NYAYALAYA, AZHUTHA, PEERUMEDU WITH
ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED BEFORE THE
RESPONDENTS 1 AND 2 DATED 14.03.2018
WITH ENGLISH TRANSLATION.
