IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 86 of 2011(I)
1. SUDHEESH A.P., S/O.PARAMESWARAN,
... Petitioner
Vs
1. THE SUB DIVISIONAL MAGISTRATE/RDO,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 86 OF 2011
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Dated this the 4th day of January, 2011
J U D G M E N T
Petitioner is aggrieved by Ext.P2 to the extent he is not
given the freedom to reclaim the vehicle by remitting the value
thereof.
2. Petitioner claims to be the registered owner of vehicle
bearing Regn.No.KL-3 C-6823, against which proceedings under
the Kerala Protection of River Banks and Regulation of Removal
of Sand Act, 2001 were initiated. Those proceedings resulted in
Ext.P2 order passed by the 1st respondent ordering confiscation of
the vehicle under Section 23A of the Act. In this writ petition,
petitioner complains that, in Ext.P2 order, he has not been given
the freedom to reclaim the vehicle by remitting the value.
3. I heard the learned Government Pleader who submits
that if the petitioner is desirous of availing of that opportunity, it
will be open to the petitioner to move the RDO himself and that
thereupon the RDO will take steps as required under the proviso
to Section 23A(3).
WPC No. 86/11
:2 :
Proviso to 23A(3) of the Act reads as under:-
Provided that the owner of the articles seized or the
person having its control shall be given the freedom to
reclaim it in lieu of confiscation by remitting an amount
equal to the value of the articles except sand, as fixed
by the Collector
4. Therefore, if the registered owner of a vehicle, which
has been confiscated under Section 23A(3), is desirous of getting
the vehicle released by remitting the value fixed by the District
Collector, that liberty available cannot be denied. Now that the
petitioner is desirous of getting the vehicle released, I direct that
it will be open to the petitioner to make an application to the 1st
respondent, who thereupon shall get the value of the vehicle fixed
by the District Collector and give the petitioner an opportunity to
remit the value and get the vehicle released.
5. This process shall be completed by the 1st respondent
within one month of the petitioner making the application as
indicated above producing a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp