Eldo.M.T vs District Collector
2021 Latest Caselaw 18588 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                          WP(C) NO. 16422 OF 2021
PETITIONER:

              ELDO.M.T
              AGED 35 YEARS
              S/O. THOMAS, MATTAPALLIYILVEEDU, MRUGASHUPATHRIPADI,
              KANIYAMBATTA P.O, VYTHIRI TALUK, WAYANAD P.O, 673122.

              BY ADV B.S.SURESH (CHIRAKKARA)



RESPONDENTS:

     1        DISTRICT COLLECTOR
              CIVIL STATION, NORTH KALPATTA P.O, WAYANAD PIN - 673122.

     2        STATION HOUSE OFFICER,
              OFFICE OF THE CIRCLE INSPECTOR, KUMBALAKKAD, KANIYAMBATTA
              P.O, PIN - 673122.


OTHER PRESENT:

              SMT. SURYA BINOY. B. SR. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16422 OF 2021
                                        2

                                 JUDGMENT

This writ petition is filed seeking the following prayer:-

"(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the vehicle bearing Registration No.KL12N3050 Tipper lorry to the possession of the petitioner, as there is no contravention of the provisions of Sand Act."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner's tipper lorry bearing Reg.No.KL12N3050 was

taken into custody by the 2nd respondent on 13.07.2021 alleging

illegal transportation of river sand. It is submitted that the

petitioner has submitted Ext.P4 request before the District

Collector for release of the vehicle pointing out that there was no

violation of law or any illegal transportation of river sand as

alleged and that the sand had been purchased by the petitioner

for the construction of a room in his residential premises. It is

further submitted by the learned counsel for the petitioner that no WP(C) NO. 16422 OF 2021

Mahazar had been prepared and a copy of the same had also not

been served on the petitioner as provided in Sub-rule 2 of Rule 27

of the Kerala Protection of River Banks and Regulation of Removal

of Sand Rules, 2002. It is submitted that the said application is

liable to be considered in accordance with law.

4. The learned Government Pleader submits that a

Mahazar had been prepared, but whether a copy of the same had

been handed over to the petitioner is not clear.

5. In any view of the matter, since the petitioner has

approached the 1st respondent with Ext.P4 request for release of

the vehicle and has submitted his objections to the seizure and

confiscation of the vehicle, I am of the opinion that the same is

liable to be considered, in accordance with law. The specific

contention of the petitioner that no seizure Mahazar had been

prepared and that copy of the same had not been served on the

petitioner shall also be considered by the 1 st respondent while

considering Ext.P4 request. Ext.P4 request shall be considered by

the 1st respondent with notice to the petitioner and after hearing WP(C) NO. 16422 OF 2021

him, through any appropriate means including video conferencing

within a period of three weeks from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/09.09.2021 WP(C) NO. 16422 OF 2021

APPENDIX OF WP(C) 16422/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE GOODS PERMIT IN RESPECT OF THE VEHICLE SEIZED DATED 27.11.2020.

Exhibit P2 THE CARD ISSUED BY THE KANIYABATTA BLOCK PANCHAYATH IN THE NAME OF THE WIFE OF THE PETITIONER REGARDING THE FINANCIAL HELP OF HOUSING SCHEME DATED NIL.

Exhibit P3 THE PHOTOGRAPH OF THE ONGOING CONSTRUCTION OF HIS RESIDENTIAL BUILDING IS PRODUCED.

Exhibit P4 THE COPY OF THE WRITTEN COMPLAINT GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 2.8.21.