High Court Kerala High Court

Mohammad Haneefa vs The District Collector on 5 April, 2010

Kerala High Court
Mohammad Haneefa vs The District Collector on 5 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10351 of 2010(T)


1. MOHAMMAD HANEEFA, (MOHAMMAD KHANIFA)
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, ALAPPUZHA.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE C.I.OF POLICE, MARARIKULAM.

4. THE GEOLOGIST, ALAPPUZHA.

5. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  : No Appearance

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

 Dated :05/04/2010

 O R D E R
                        T.R. Ramachandran Nair, J.
                    - - - - - - - - - - - - - - - - - - - - - - - -
                       W.P.(C) No. 10351 of 2010-T
                    - - - - -- - - - - - - - - - - - - - - - - - - - -
                 Dated this the 5th day of April, 2010.

                                  JUDGMENT

The petitioner is the registered owner of a mini tipper lorry bearing

registration No.KL-03-S-4193. The vehicle was used for transporting sand

on 10.12.2009 and Ext.P2 is the copy of the Form P issued under the Kerala

Minor Mineral Concession Rules. The vehicle was stopped by the

Mararikulam police and a crime was registered as Crime No.454/2009 under

Section 17(4) and 23 r/w 20 of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001. The third respondent submitted

a report and mahazar before the first respondent for taking appropriate

action in the matter. According to the petitioner, the registration of the

crime itself is illegal, in view of the decision of this Court in Sheriff v. S.I.

of Police, Konni (2010 (1) KHC 388). Ext.P3 is the order passed by the

first respondent to return the vehicle on condition of payment of

Rs.6,20,000/- in an application filed by the petitioner seeking interim

custody. It is submitted that the amount fixed as value of the vehicle is

excessive and unreasonable.

2. It is the case of the petitioner that the sand was collected from

wpc 10351/2010 2

Kayal and not from any river and the proceedings under the Sand Act and

Rules cannot be sustained.

3. Heard learned counsel for the petitioner and learned Govt. Pleader.

4. It is mainly argued by the learned counsel for the petitioner that no

notice was issued to the petitioner who is the registered owner, before

Ext.P3 order was passed by the first respondent. Accordingly, it is

submitted that as there is a direction to confiscate the vehicle without

hearing the petitioner, the order cannot be supported. It is further pointed

out that the report of the Geologist will show that the sand is not river sand,

but only sand from lake. Therefore, it is contended that the provisions of

the Act cannot apply and no offence is made out for transporting sand from

the lake.

5. Since the petitioner was not heard in the matter, Ext.P3 is quashed.

There will be a direction to the District Collector to pass orders after hearing

the petitioner. The petitioner is entitled to produce all details with regard to

the issuance of Form P. Appropriate orders shall be passed after

considering various aspects including the contention that the provisions of

the Sand Act are not attracted for the transportation of sand from

wpc 10351/2010 3

Kayal/Lake. Orders shall be passed within six weeks from the date of

receipt of a copy of this judgment.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/