Riyas vs State Of Kerala
2024 Latest Caselaw 29809 Ker

Kerala High Court

Riyas vs State Of Kerala on 22 October, 2024

                                                       2024:KER:80682
W.A.No.1467/2024
                                   1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                   &

                   THE HONOURABLE MR. JUSTICE S.MANU

   TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                          WA NO. 1467 OF 2024

         AGAINST THE JUDGMENT DATED 14.10.2022 IN WP(C) NO.5441

                    OF 2013 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

            RIYAS
            AGED 51 YEARS
            S/O. KUNJUMUHAMMED, KANDATHIL, AROOKUTTY, VADUTHALA
            JETY P.O., CHERTHALA TALUK, ALAPPUZHA - 688535


            BY ADVS.
            M.A.SULFIA
            ABDUL JALEEL.A



RESPONDENTS/RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
            THIRUVANANTHAPURAM-1, PIN - 695001

     2      DISTRICT COLLECTOR
            ALAPPUZHA-688 001.

     3      SUB INSPECTOR OF POLICE
            POOCHACKAL POLICE STATION, PANAVALLY P.O. - 688526

     4      DEPARTMENT OF MINING AND GEOLOGY ALAPPUZHA
                                                           2024:KER:80682
W.A.No.1467/2024
                                   2

             REPRESENTED BY ITS DISTRICT GEOLOGIST, ALAPPUZHA.,
             PIN - 688001

     5       THE TEHSILDAR
             CHERTHALA, ALAPPUZHA-, PIN - 688524



OTHER PRESENT:

             SRI V TEKCHAND, SR.GOVERNMENT PLEADER


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:80682
W.A.No.1467/2024
                                      3

                                   JUDGMENT

Dated this the 22nd day of October, 2024

Nitin Jamdar, C.J.

Heard Ms. M.A.Sulfia, learned counsel for the Appellant and Mr. V.Tekchand, learned Senior Government Pleader.

2. The Appellant has challenged the judgment dated 14 October 2022 delivered by the learned Single Judge rejecting W.P.(C)No.5441 of 2013 filed by the Appellant. The Appellant, the owner of a Truck challenged the order of confiscation issued by the District Collector. The confiscation was resorted to since the truck owned by the Appellant was found unauthorizedly and illegally transporting river sand and the Appellant had contravened the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Rules framed thereunder. The case of the Appellant is of denial and that no such incident took place, whereby river sand was transported. The contention of the Appellant is that it is only a mere theory of the authorities that the truck was indulged in illegal transportation of river sand, without any evidence.

3. The learned Single Judge has examined the factual aspects in detail. The learned Single Judge noted the statements on record that the truck owned by the Appellant did not stop when the police authorities accosted it and had to be chased, and then the driver unloaded the sand on the road. The learned Single Judge found that these statements to be credible. Due procedure was followed and confiscated the goods and vehicle was produced 2024:KER:80682

before the Magistrate.

4. The learned Single Judge has reached the conclusion after assessing the evidence. We do not find that the view taken is perverse. No interference is warranted in the impugned order passed by the learned Single Judge.

5. The appeal is accordingly dismissed.

Sd/-

Nitin Jamdar Chief Justice

Sd/-

S. Manu Judge vgd