High Court Kerala High Court

Pushpalatha vs District Collector on 21 December, 2009

Kerala High Court
Pushpalatha vs District Collector on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36356 of 2009(L)


1. PUSHPALATHA, JAYATHARAM VEEDU,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, PATHANAMTHITTA.
                       ...       Respondent

2. REVENUE DIVISIONAL OFFICER, ADOOR.

3. CIRCLE INSPECTOR OF POLICE, KONNI.

4. REGIONAL TRANSPORT OFFICE,

                For Petitioner  :SRI.VINOY VARGHESE KALLUMOOTTILL

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :21/12/2009

 O R D E R

P.N.RAVINDRAN,J.

—————————————-
W.P.(C) No. 36356 of 2009 – L

—————————————-
Dated 21st December, 2009

Judgment

The petitioner is the registered owner of a goods vehicle

bearing registration No.KL/10X-5535. The said vehicle was

seized by the third respondent on 25.8.2009 on the allegation

that it was used to transport river sand without a valid pass. A

report was thereupon submitted to the District Collector,

Pathanamthitta. The petitioner thereafter moved the District

Collector seeking interim custody of his vehicle. By Ext.P1 order

passed on 12.10.2009, the District Collector ordered

confiscation of the vehicle. The District Collector however

directed that in the event of the petitioner paying the value

fixed for the vehicle, the vehicle shall be released to her. The

terms and conditions for such release were also set out

therein. The District Collector did not however fix the value of

the vehicle. Instead he directed the Regional Transport Officer,

Pathanamthitta to assess the value of the vehicle and to

inform the Revenue Divisional Officer, Adoor. The grievance

W.P.(C) No.36356/2009 2

voiced by the petitioner in this writ petition is that though

more than two months have passed after Ext.P1 order was

passed, till date, the Regional Transport Officer,

Pathanamthitta has not assessed the value of the vehicle and

communicated it to the Revenue Divisional Officer. She

submits that in such circumstances, she is not in a position

either to challenge Ext.P1 or to take custody of the vehicle.

2. I have considered the submissions made at the Bar by

the learned counsel appearing on both sides. A reading of

Ext.P1 indicates that it is a final order. However, the value

fixed for the vehicle is not discernible therefrom. Under section

27 of the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001, the owner is entitled to obtain

release of the vehicle if he remits the amount fixed by the

District Collector as the value of the vehicle. Since the District

Collector has not fixed the value of the vehicle when he passed

Ext.P1 order, the petitioner cannot pay the amount fixed as

the value of the vehicle and obtain release of the vehicle. The

petitioner is thereby put to serious prejudice.

W.P.(C) No.36356/2009 3

I accordingly dispose of this writ petition with a direction

to the District Collector to pass a revised final order in the

matter fixing the value of the vehicle involved in the

proceedings. The District Collector shall before passing orders

as directed above, afford the petitioner a reasonable

opportunity of being heard. Revised final orders in the matter

shall be passed within one month from the date on which the

petitioner produces a certified copy of this judgment before

the District Collector. The District Collector shall after a revised

final order is passed communicate a copy thereof to the

petitioner. If the petitioner is aggrieved thereby, it will be

open to her to challenge the same in appropriate proceedings.

P.N.RAVINDRAN
Judge

vaa