Shanavas K vs The District Collector
2022 Latest Caselaw 11309 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                      WP(C) NO. 5215 OF 2013
PETITIONER:

             SHANAVAS K.,AGED 30 YEARS.
             S/O.LAKSHMANAN, KOMMARATH HOUSE,
             P.O., PADINYARRAKARA, TIRUR TALUK,
             MALAPPURAM DISTRICT.
             BY ADV SRI.C.V.MANUVILSAN

RESPONDENTS:

  1    THE DISTRICT COLLECTOR
       MALAPPURAM - 676 505.
  2    THE SUB INSPECTOR OF POLICE TIRUR
       TIRUR P.O.,
       MALAPPURAM 676 101.
  3    THE SECRETARY PALLIVALPPU-PURATHUR MATHSYA
       THOZHILALI VIKASAAN KSHEMA CO-OPERATIVE
       SOCIETY NO.F(M)7.



      BY SRI. B. UNNIKRISHNA KAIMAL - SR.GOVERNMENT PLEADER



      THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   02.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.5215 of 2013
                                         2


                        MOHAMMED NIAS. C.P.,J
                                 ------------
                           WP(C)No. 5215 of 2013
                         - - - - - - - - - - - - - - - - - - ----
                  Dated this the 2nd day of December, 2022


                                    JUDGMENT

The writ petitioner challenges the seizure of his vehicle

bearing registration No. KL 08 E 4644 on 17.10.2012 by the

second respondent. He submits that he had Ext.P3 valid pass

issued by the third respondent to transport the port sand and

alleges the seizure to be illegal and without authority.

2. The first respondent has filed a counter affidavit

stating that the Mini Lorry owned by the petitioner was

intercepted by the Sub Inspector of Police, Tirur on 29.10.2012 at

4 a.m. while engaged in illegal transportation of river sand. The

statement further says the seizure was at 4 a.m. in the early

morning on 29.10.2012 and it was not the time allowed under any

valid pass. Since the vehicle was used for illegal transportation of

river sand, orders were issued to confiscate the vehicle under Rule

27(3) of the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001, which was then in force.

3. On admission, an interim order was passed on WP(C).No.5215 of 2013

25.02.2013 granting interim custody of the vehicle to the

petitioner on conditions that he deposit 50% of the amount

covered by Ext.P6 and also furnishes security for the balance

amount either by way of immovable property to the satisfaction of

the respondents or by a bank guarantee also giving an

undertaking that the vehicle will not be alienated or will pursue

any action so as to reduce the value of the vehicle during the

pendency of the proceedings.

4. Since the vehicle has been released and more than

nine years have elapsed, the writ petition is disposed of directing

the first respondent to hear the petitioner and consider the

legality of the seizure after affording an opportunity of the

petitioner as well any affected parties/necessary parties, if any, for

such adjudication. The first respondent-District Collector will do

the above within an outer time limit of three months from today.

Depending on the orders to be passed as directed above, the

validity of the seizure and further steps to be pursued will be

decided.

Writ petition is disposed as above.

Sd/-MOHAMMED NIAS. C.P.,JUDGE

dlK 1.12.2022 WP(C).No.5215 of 2013

APPENDIX OF WP(C) 5215/2010

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RC PARTICULARS OF THE VEHICLE BEARING REGISTRATION NO.KL 08 E

Exhibit P2 TRUE COPY OF THE AGREEMENT.

Exhibit P3 TRUE COPY OF THE PASS ISSUED BY THE PALLIVALAPPU PARATHUR MATHSYA THOZHILALI VIKASANA KSHEMA CO-OPERATIVE SOCIETY.

Exhibit P4 TRUE COPY OF THE REPRESENATION DATED 18.10.2012 PREFERRED BY THE PETITIONER.

Exhibit P5                 TRUE COPY OF THE JUDGMENT IN
                           WP(C)NO.25352 OF 2012



Exhibit P6                 TRUE COPY OF THE ORDER DATED 31.01.2013