Rajesh P.K vs The Sub Inspector Of Police
2021 Latest Caselaw 19064 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        WP(C) NO. 18009 OF 2021
PETITIONER:

          RAJESH P.K.,
          AGED 36 YEARS
          S/O. RAGHAVAN, KOZHITHIDIL HOUSE, KALANAD P.O. KALANAD
          VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, (OWNER OF
          TIPPER LORRY BEARING REGISTRATION NO. KL-18-D-0870).

          BY ADVS.
          P.M.ZIRAJ
          C.M.DHANY
          IRFAN ZIRAJ
          RIZWANA T.N



RESPONDENTS:

    1     THE SUB INSPECTOR OF POLICE,
          MELPARAMBA POLICE STANTON, KASARGODE DISTRICT, 671 541.

    2     REVENUE DIVISIONAL OFFICER,
          (R.D.O.), KASARGODE 671 121.

    3     THE DISTRICT COLLECTOR,
          KASARAGOD DISTRICT 671 121.



          SRI.P.S.APPU-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18009 OF 2021

                                    2


                               JUDGMENT

The petitioner has approached this Court seeking directions to

the respondents to report the seizure of his Tipper Lorry bearing

registration Number KL-18-D-0870 before the Judicial First Class

Magistrate's Court having jurisdiction in the area. It is submitted that

the petitioner's vehicle had been seized by the 1 st respondent on

11.08.2021 on the ground that it was transporting illegal sand and was

violating the provisions of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act. The learned counsel submits that

the seizure is to be reported to the Jurisdictional Magistrate's Court

and appropriate action is to be taken in accordance with law.

2. The learned Government Pleader submits that the seizure was

made by the 1st respondent on 11.08.2021 and that the records of the

seizure were forwarded to the 2 nd respondent on 13.08.2021. It is

submitted that no instructions are received with regard to the further

steps taken in the matter.

Having considered the contentions advanced and in view of the

provisions of Section 23 A of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, I am of the opinion that due WP(C) NO. 18009 OF 2021

procedure will have to be followed by the respondents. There will,

accordingly, be a direction to the 1st respondent to report the seizure of

the petitioner's vehicle to the Judicial First Class Magistrate's Court

and the Sub Divisional Magistrate in terms of the Act, at the earliest, at

any rate within a week from today, if not already so reported.

Appropriate further proceedings will be taken by the respondents in

accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 18009 OF 2021

APPENDIX OF WP(C) 18009/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR PREPARED BY THE FIRST RESPONDENT DATED 11.8.2021.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF VEHICLE OF PETITIONER ISSUED BY THE ADDITIONAL REGISTERING AUTHORITY, KASARAGODE DATED 1.6.2019.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONOUABLE COURT IN IDENTICAL MATTER DATED 09.07.2021 IN WPC NO. 13634 OF 2021.