High Court Kerala High Court

Supran vs The District Collector on 22 February, 2010

Kerala High Court
Supran vs The District Collector on 22 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5689 of 2010(I)


1. SUPRAN,AGED 42 YEARS,S/O.VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,ERNAKULAM,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :22/02/2010

 O R D E R
                 T.R.RAMACHANDRAN NAIR, J.

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                       W.P.(C) No. 5689 of 2010 I
              ```````````````````````````````````````````````````````
              Dated this the 22nd day of February, 2010


                             J U D G M E N T

The petitioner is the registered owner and in

possession of a mini tipper lorry bearing registration No.KL-39A-

849. Ext.P1 is the copy of the relevant page of the registration

certificate produced in support of the above plea.

2. It is averred in the writ petition that the vehicle was

used for transport of building materials including bricks, cement,

sand, etc. on hire. On 19-12-2009 at about 8.15 a.m. while the

said vehicle was transporting ordinary sand from K.S.Mangalam to

Ernakulam via Thripunithura, it was intercepted by the Sub

Inspector of Police, the second respondent herein. According to

the petitioner, the driver of the vehicle produced the statutory pass

which was kept in the cabin(Ext.P2). It is alleged that the second

respondent seized the vehicle and reported the seizure to the first

respondent for initiation of proceedings under the provisions of

Kerala Protection of River Bank and Removal of Sand(Regulation)

Act, 2001. After awaiting suitable action for a number of days, the

WPC.5689/2010
: 2 :

petitioner approached the first respondent, District Collector, by

Ext.P3 request for release of the vehicle by way of interim custody

pending further action. The same was disposed of by Ext.P4.

Thereby, the vehicle has been ordered to be released on fulfilling

certain conditions.

3. The District Collector while passing the order relied

upon the judgment of the Division Bench in W.A.No.2578 of 2009

for imposing various conditions. After getting the details of the

value of the vehicle from the Regional Transport Officer, the value

of the vehicle has been shown in Ext.P4 as Rs.5,50,000/-. The

District Collector, hence, directed the petitioner to remit a sum of

Rs.2,75,000/- in the River Management Fund and to submit a

bond for the balance amount.

4. The grievance of the petitioner is that the direction to

remit the amount of Rs.2,75,000/- is arbitrary.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader. The learned Government Pleader

brought to my notice that in the light of the directions issued by the

Division Bench in W.A.No.2578 of 2009, there is nothing wrong in

WPC.5689/2010
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the District Collector prescribing the said condition for releasing

the vehicle. For convenience, I extract paragraph 7 of the

judgment in W.A.No.2578 of 2009 as follows:-

” 7. Having regard to the fact that large

number of cases involving illegal transportation

of sand in violation of the provisions contained

in Kerala Protection of River Banks &

Regulation of Removal of Sand Act, 2001, we are

of the view that following guidelines/directions

have to be issued with regard to the release of

vehicles that may be involved in such cases.

(i) The vehicle shall be released to the

registered owner on his depositing half of the

total value of the vehicle as may be assessed by

the Assistant Executive Engineer(Mechanical),

PWD as provided under Rule 4 of the Kerala

Abkari(Disposal of Confiscated Articles) Rules,

1996 or the Assistant Motor Vehicles Inspector.

(ii) The registered owner shall execute a

bond furnishing security for the balance amount

to the satisfaction of the District Collector

concerned. He shall further undertake to

produce the vehicle as and when directed and

also not to transfer/alienate the vehicle pending

the proceedings. It shall also be undertaken by

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the registered owner that he will not cause any

damage to the vehicle so as to reduce its value

and utility.

(iii) If the vehicle gets involved in a

similar offence after such release, it shall be

liable to immediate seizure, in which event it

shall not be released until finalisation of the

proceedings.”

In the light of the above direction issued by the Division

Bench, I do not find any illegality or irregularity in Ext.P4 order

passed by the District Collector. Therefore, the writ petition is

dismissed. This judgment will not stand in the way of the District

Collector passing final orders in respect of the proceedings

pending before him, within two months, after hearing the petitioner

and after assessing the various materials produced by the

petitioner. No costs.

Sd/-

(T.R.RAMACHANDRAN NAIR, JUDGE)

aks