High Court Kerala High Court

Shoukath Ali vs State Of Kerala on 29 May, 2009

Kerala High Court
Shoukath Ali vs State Of Kerala on 29 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14807 of 2009(U)


1. SHOUKATH ALI, AGED 35, S/O. HAMZA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. R.D.O.,

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :29/05/2009

 O R D E R
                         V.GIRI,J.
               -------------------------
                W.P ( C) No.14807 of 2009
              --------------------------
          Dated this the 29th day of May,2009

                       JUDGMENT

The vehicle belonging to petitioner was

allegedly seized for infraction of the provisions of the

Kerala Protection of River Banks (Protection and Regulation

of removal of sand) Act, 2002. He has approached the

District Collector, the 1st respondent for release of the

vehicle and is aggrieved by the non-consideration of his

request as such.

2. The nature of the power exercised by the

District Collector and the parameters within which such

power is to be exercised have been dealt with by a Bench

of this Court in Sanjayan Vs.Tahasildar [2007 (4) KLT

597 . Principles have been reiterated in Subramanian Vs.

State of Kerala [2009 (1) KLT 77).

3. In Subramanian’s case, this Court

observed that the power exercised by the District Collector

W.P ( C) No.14807 of 2009

:: 2 ::

is under Section 23 of the Kerala Protection of River Banks

(Protection and Regulation of removal of sand) Act, 2002.

It is also, therefore, quasi judicial in character. Reasons

will have to be given by the District Collector while passing

orders under Section 23 of the Kerala Protection of River

Banks (Protection and Regulation of removal of sand) Act,

2002 read with Rules 27 and 28 of Kerala Protection of

River Banks and Regulation of Removal of Sand Rules

2002. If there is a contention that the transportation of

sand was supported by a pass issued by the competent

local authority, that has to be referred. The materials

which are placed before the District Collector by the

subordinate officials shall also be looked into. This has

been indicated in Subramanian’s case. If motion is made

by the owners of the vehicle for release of the vehicle on

interim custody, it will be subject to the conditions

mentioned in paragraph 58 of the said judgment. The

District Collector may pass orders on such applications for

W.P ( C) No.14807 of 2009

:: 3 ::

interim custody. (The scope of the directions contained in

Subramanian’s case have later been dealt with in WPC

No.14319/2009. Appropriate clarifications have been

issued in the latter judgment). Further conditions can be

imposed in the course of release of the vehicle as

indicated by this Court in Shoukathali Vs. Tahasildar

[2009 (1) KLT 640].

4. Keeping in mind the observations made

in the judgments in Shoukathali’s case and Subramanian’s

case and other judgment which have been referred to, the

1st respondent in this case shall pass final orders in the

matter of confiscation/release of the vehicle in question

after conducting an appropriate enquiry, as early as

possible, at any rate, within three months from the date of

receipt of a copy of this judgment.

5. In the meanwhile, if a motion is made by

the petitioner for interim custody of the vehicle, then

orders shall be passed by the District Collector on the

W.P ( C) No.14807 of 2009

:: 4 ::

application for interim custody of the vehicle, within three

weeks from the date of receipt of a copy of this judgment

in the light of the observations contained in Shoukathali

Vs. Tahasildar [2009 (1) KLT 640], Subramanian Vs. State

of Kerala [2009 (1) KLT 77) and the judgment in WPC

No.14319 of 2009.

The writ petition is disposed of as above. The

petitioner shall produce copies of the judgments in

Subramanian, Shoukathali and W.P (C ) No.14319 of 2009

along with the certified copy of this judgment before the

1st respondent, for compliance.

Sd/-

(V.GIRI)
JUDGE
sk/-

//true copy//

P.S. to Judge