High Court Kerala High Court

V.Shaji vs The District Collector on 18 August, 2010

Kerala High Court
V.Shaji vs The District Collector on 18 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26117 of 2010(L)


1. V.SHAJI, S/O.VASUDEVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.GEORGE SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/08/2010

 O R D E R
                            S.SIRI JAGAN, J.
                      ==================
                       W.P.(C).No.26117 of 2010
                      ==================
                Dated this the 18th day of August, 2010
                            J U D G M E N T

The vehicle belonging to the petitioner was seized on allegations

of illegal transportation of river sand. The petitioner approached this

Court for interim custody of the vehicle, in which, Ext.P2 order has

been passed, whereby, the petitioner was given interim custody on

condition that the petitioner pays 50% of the value assessed for the

vehicle and executes bond for the balance. The petitioner challenges

the same on the ground that the conditions stipulated therein are not

in accordance with the Full Bench Bench decision in Shan C.T. v. State

of Kerala & Others, 2010 (3) KHC 333.

2. I have heard th learned Government Pleader also.

3. The conditions for grant of interim custody of the vehicles

seized under the Kerala Protection of River Banks and Regulation of

Removal of Sand Act have been laid down by the above-said Full

Bench decision. Certainly the conditions in Ext.P2 are not in

accordance with that judgment. Accordingly, Ext.P2 is quashed. The

appropriate authority under the Act, as now amended, shall pass fresh

orders on the application for interim custody of the vehicle in

accordance with the above-said Full Bench decision within two weeks

from the date of receipt of a certified copy of this judgment.

Sd/-

sdk+                                               S.SIRI JAGAN, JUDGE
          ///True copy///

                               P.A. to Judge

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