High Court Kerala High Court

Haridasan vs The Sub Inspector Of Police on 6 September, 2010

Kerala High Court
Haridasan vs The Sub Inspector Of Police on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1160 of 2010()


1. HARIDASAN,S/O.MUNDAN,1/253,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DEPUTY COLLECTOR(ELECTION),

3. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.A.KRISHNAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :06/09/2010

 O R D E R
   J.Chelameswar, C.J. & P.R. Ramachandra Menon, J.
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                      W.A.No. 1160 OF 2010
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           Dated this the 6th day of September, 2010

                             JUDGMENT

Ramachandra Menon, J.

The appellant was the writ petitioner. The challenge in

the writ petition was with regard to the finalisation of the

confiscation proceedings by the 2nd respondent, under the

relevant provisions of the Kerala Protection of River Banks &

Regulation of Removal of Sand Act, 2001; whereby the

petitioner was mulcted with the liability of depositing Rs.3.5

lakhs, so as to release the vehicle.

2. Sequence of events as narrated in the proceedings

reveals that the petitioner, who is stated as the owner of a

Mini Lorry bearing No.KL-07-AZ/6087, was transporting ‘river

sand’ on 28.01.2010, when it was intercepted by the 1st

respondent. After preparing Ext.P2 Mahazar, followed by

Ext.P3 FIR, the matter was referred to the appropriate

authority under the Kerala Protection of River Banks &

Regulation of Removal of Sand Act, 2001. The appellant/writ

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petitioner approached this Court by filing W.P.(C) No.3776 of

2010 seeking for releasing the vehicle, wherein Ext.P4 verdict

was passed, directing the matter to be considered. Pursuant to

the said verdict, Ext.P5 interim order was passed by the District

Collector, directing the petitioner to satisfy Rs.2 lakhs so as to

release the vehicle, which however, was not complied with.

Finally, Ext.P7 order was passed by the 2nd respondent, which in

turn was subjected to challenge in W.P.(C) No.16405 of 2010,

wherein the impugned judgment has been passed.

3. The learned Single Judge found that the petitioner did

not have a valid pass to transport ‘river sand’. It has been

specifically observed that, Ext.P1 pass was issued in respect of

transportation of ‘ordinary sand’ and not in respect of ‘river

sand’. This being the position, the transportation of sand

effected by the petitioner was held as illegal and interference was

declined. The learned Single Judge has also observed that the

fixation of value of vehicle by the second respondent was based

on the report submitted by the concerned Joint RTO, as referred

to in Ext.P7 and perfectly within the four walls of the law, being

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in conformity with the mandate given by this Court in similar

circumstances. No tenable ground has been raised to support the

relief sought for and hence no interference is warranted.

The Writ Appeal fails and the same is dismissed accordingly.

J.Chelameswar,
Chief Justice.

P.R. Ramachandra Menon,
Judge.

ttb