Chaithra S.Y vs State Of Kerala
2023 Latest Caselaw 11296 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                     WP(C) NO. 33853 OF 2023
PETITIONER:

           CHAITHRA S.Y
           AGED 40 YEARS
           #208, NETHAJI ROAD, KUSHALNAGARA,
           SAKALESHPUR, KARNATAKA,
           PIN - 573 134.

           BY ADVS.
           M.ANUROOP
           MURSHID ALI M.
           HASSAN M.K


RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
           GOVERNMENT OF KERALA DEPARTMENT OF MINING AND
           GEOLOGY, GOVERNMENT OF KERALA, KESHADASPURAM,
           THIRUVANANTHAPURAM, PIN - 695 001.
     2     THE JOINT REGIONAL TRANSPORT OFFICER
           SUB - REGIONAL TRANSPORT OFFICE,
           PALLITHAZHE, THALASSERY P. O.,
           KERALA, PIN - 670 104.
     3     THE DISTRICT COLLECTOR
           KANNUR COLLECTORATE, THAVAKKARA P.O,
           KANNUR, KERALA, PIN - 670 002.
     4     THE REVENUE DIVISIONAL OFFICER
           THALASSERY R.D.O., PALISSERY,
           THALASSERY P. O., KERALA,
           PIN - 670 101.

           SMT. DEEPA NARAYANAN - SR. GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.33853 OF 2023

                                    2




                             JUDGMENT

The petitioner's vehicle was seized by the 3 rd

respondent alleging that the vehicle was used for

transporting sand. Aggrieved by the seizure of the

vehicle, the petitioner approached this Court by filing

W.P.(C) No.4145 of 2023. The said writ petition was

disposed of by Ext.P2 judgment relegating the

petitioner to avail the remedy of revision under Section

23 B of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001 (for short,

'the Act'). Accordingly, the petitioner filed a revision

petition before the District Collector and the same was

dismissed as per order dated 14.03.2023. Challenging

Ext.P3, the petitioner has approached this Court.

2. When the matter came up for consideration

today, the learned Government Pleader submits that,

as against Ext.P3 order, the petitioner has got a WP(C).No.33853 OF 2023

statutory remedy before the District Court under

Section 23 C of the Act.

Accordingly, the writ petition is disposed of with

liberty to the petitioner to challenge Ext.P3 under

Section 23 C of the Act before the District Court. If

such an appeal is filed along with an application for

condonation of delay, the application for condonation

of delay may be considered, taking due note of the fact

that the petitioner was prosecuting the mater before

this Court.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.33853 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE VEHICLE DATED 24-03-2014.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 4145/2023 DATED 10-02-2023 BY THE HON'BLE HIGH COURT.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 14-03-

2023 PASSED BY THE 3RD RESPONDENT.

    RESPONDENTS ANNEXURES:    NIL.