Rajendran K.B vs State Of Kerala
2021 Latest Caselaw 15661 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                      WP(C) NO. 14802 OF 2021
PETITIONER:

              RAJENDRAN K.B, S/O BHASKARAN, KUDIYIL HOUSE,
              OKKAL P.O, ERNAKULAM DISTRICT, PIN 683550.

              BY ADVS.
              DINESH MATHEW J.MURICKEN
              VINOD S. PILLAI
              SREELAKSHMI R.
              MOHAMMED THAYIB N.M.
              NAYANA VARGHESE
              DIPU P.S
              N.R.SANGEETHARAJ
              T.AJEESH BANU



RESPONDENTS:

1             STATE OF KERALA REPRESENTED BY SECRETARY,
              REVENUE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM 695001.

2             THE DISTRICT COLLECTOR, ERNAKULAM,COLLECTORATE,
              CIVIL STATION P.O, ERNAKULAM DISTRICT,
              PIN-682030.

3             THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE
              REVENUE DIVISIONAL OFFICER, FORT KOCHI,
              ERNAKULAM DISTRICT, PIN 682001.

4             THE STATION HOUSE OFFICER, ANGAMALY POLICE
              STATION, ANGAMALY P.O, ERNAKULAM DISTRICT,
              PIN-683572.

              GP SRI RAVI KRISHNAN


       THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   27.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 14802 OF 2021
                                 2

                           JUDGMENT

Dated this the 27th day of July 2021

Order of confiscation of a vehicle under Section

23A of the Protection of River Banks and Regulation of

Removal of Sand Act, 2001 (for short, 'the Act'), as

affirmed in appeal, is under challenge in this writ

petition.

2. Tipper lorry belonging to the petitioner,

bearing Registration No.KL-40/A-4599 was seized,

alleging violation of the provisions of the Act.

3. Section 23A(4) of the Act reads thus:

"Where the owner of the properties seized

or the person having control of the same

does not furnish explanation or the

explanation given is not satisfactory, and

the Sub-Divisional Magistrate is satisfied

that the properties seized under Section

23 are to be confiscated, he shall, by an

order, confiscate the same and the fact

shall be informed in writing to its owner WP(C) NO. 14802 OF 2021

or the person having its control:

Provided that the owner of the

properties seized or the person having its

control shall be given the liberty to

reclaim it, except sand, by remitting an

amount equal to the value of the

confiscated articles, as fixed by the

Collector, in lieu of the properties

confiscated:

Provided further that the sand

confiscated shall not for any reason, be

released by releasing the value."

4. The order of confiscation (Ext P7), which was

affirmed in appeal (Ext P8), is practically in the

nature of an order for interim release. There is hardly

any discussion or finding as to whether the vehicle is

liable to be confiscated or not. The authority need to

consider the matter afresh and enter a finding in terms

of Section 23A(4) of the Act.

In the result, Exts P7 and P8 orders are set aside.

The 3rd respondent shall pass fresh orders in terms of WP(C) NO. 14802 OF 2021

Section 23A(4) of the Act after affording an opportunity

of hearing to the petitioner. Let the proceedings be

completed within a period of three weeks from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 14802 OF 2021

APPENDIX EXT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT P2 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 28.11.2012.

EXT P3 TRUE COPY OF THE JUDGMENT IN C.C.No.145/2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY DATED 02.12.2015.

EXT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 01.07.2019. EXT P5 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 16.07.2019.

EXT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) No.31338/2019 PASSED BY THIS HONOURABLE COURT DATED 27.11.2019. EXT P7 TRUE COPY OF THE ORDER DATED 02.11.2020 PASSED BY THE 3RD RESPONDENT DIRECTING THE PETITIONER TO DEPOSIT RS.7,10,000/- FOR LIFTING THE PROHIBITION ORDER. EXT P8 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 10.05.2021.