High Court of KeralaSingle JudgeWrit Petition disposed of

Muneer v. Sub Inspector of Police, Viayapuram Police Station, Alappuzha District; Revenue Divisional Officer, Chengannur; Director, Mining and Geology

Case / Petition Number:WP(C).No. 27732 of 2013 (N)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. R. Ramachandra Menon
Judgment Date
2013-11-12
Court Decision / Holding
Writ Petition disposed of. The second respondent is directed to consider the petitioner’s request for interim custody in accordance with the law declared by the Full Bench in Shan C.T. v. State of Kerala (2010 (3) KHC 333) as expeditiously as possible, at any rate within one week from the date of receipt of a copy of this judgment. The matter shall be finally disposed of within six weeks from the date of receipt of a copy of the judgment, after obtaining the analysis report of sand tested in a competent laboratory. If, on final adjudication, it is proved that the petitioner transported river sand in contravention of the Act, further proceedings shall be pursued in accordance with the law declared by Division Bench in Sujith v. State of Kerala (2012 (2) KLT 547). The petitioner shall produce a copy of this judgment along with the writ petition before the second respondent for further steps. The writ petition is disposed of.
Final Disposition
Writ Petition disposed of

Parties to the Case

Appellants / Petitioners

  • Muneer, aged 30 years, s/o Abdul Salam, Kollampurathvilayil House, Thodiyoor Village, Karunagappilly Taluk, Kollam District (Owner of the mini lorry bearing registration no KL 02-G-9810)

Respondents

  • The Sub Inspector of Police, Viayapuram Police Station, Alappuzha District – 688011
  • The Revenue Divisional Officer, Chengannur, Alappuzha District 689121
  • The Director, Mining and Geology, Office of the Mining and Geology, Kesavadasapuram, Pattam, Thiruvananthapuram - 695001

Legal Representation & Advocates

Counsels for Petitioners

  • • P.M. Ziraj

Counsels for Respondents

  • • Smt. K.T. Lilly

Case Synopsis & Summary

Petitioner Muneer, owner of the mini lorry KL 02-G-9810, challenges the detention of his vehicle by the second respondent on the ground that it was carrying weathered rock sand, not river sand, and that no sample has been analysed despite his representation dated 22-10-2013. The detention arises under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the accompanying Rules, and the petitioner asserts that delay in processing since seizure has frustrated due course of justice, leaving interim custody unresolved. He has produced exhibits showing weathered rock sand and has sought release pending final disposal. The Government Pleader represented the respondents. A Full Bench decision in Shan C.T. v. State of Kerala (2010) is relied upon, directing that interim custody can be granted subject to deposit of 30% of vehicle value and provision of security for the balance, with expedited proceedings and notice to interested parties. The court directs that the statutory authority deal with the matter in accordance with Shan C.T. and that interim custody be considered expeditiously, within one week, and final disposal occur within six weeks after sample analysis; if final adjudication reveals river sand contravention, further action per Sujith v. State of Kerala will apply. Petition disposed.

Provisions of Law Cited

Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002Motor Vehicles ActSection 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioner contends that the vehicle KL-02-G-9810 was detained for transporting weathered rock sand, not river sand, and that samples have not been analysed despite the representation. He seeks interim custody pending final disposal and relies on the Full Bench decision in Shan C.T. v. State of Kerala to argue for safeguards (deposit of 30% of vehicle value and security for balance) and for expedited proceedings under S.23. He prays for release or interim custody with statutory safeguards, arguing hardship and delay would frustrate justice. He also asserts the need for timely disposal and compliance with statutory requirements including lab analysis.

Contentions of Respondents

Respondents submit that detention followed the statutory framework under the River Sand Act and Rules; interim custody must be governed by law. The Government Pleader emphasises the goal of enforcing river sand regulations and the necessity of obtaining the laboratory analysis before granting relief. They acknowledge Shan C.T. as a guiding precedent and urge adherence to six-week timelines and proper proceedings, with actions under Sujith v. State of Kerala if river sand is established.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Shan C.T. v. State of Kerala and others2010 (3) KHC 333; 2010 (3) KLT 413PositiveFull Bench decision cited and applied to set interim custody framework and timelines; followed in directing actions.
Sujith v. State of Kerala2012 (2) KLT 547PositiveUsed to guide subsequent proceedings if final adjudication shows river sand contravention.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **TUESDAY, THE 12TH DAY OF NOVEMBER 2013/21ST KARTHIKA, 1935** ## **WP(C).No. 27732 of 2013 (N)** **----------------------------** **PETITIONER(S):** **--------------** **MUNEER, AGED 30 YEARS, S/O ABDUL SALAM, KOLLAMPURATHVILAYIL HOUSE, THODIYOOR VILLAGE, KARUNAGAPPILLY TALUK, KOLLAM DISTRICT (WONER OF THE MINI LORRY BEARING REGISTRATION NO KL 02-G- 9810)** ## **BY ADV. SRI.P.M.ZIRAJ** ## **RESPONDENT(S):** **-------------** **1. THE SUB INSPECTOR OF POLICE, VIYAPURAM POLICE STATION, ALAPPUZHA DISTRICT -688011.** **2. THE REVENUE DIVISIONAL OFFICER,** - **CHENGANNUR, ALAPPUZHA DISTRICT 689121** ## **3. THE DIRECTOR,** - **MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM - 695 001.** ## **BY GOVERNMENT PLEADER SMT. K.T.LILLY.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **RVS/** **WP(C).No. 27732 of 2013 (N)** ## **----------------------------** ## **APPENDIX** |**PETITIONER(S)' EXHIBITS :**|**PETITIONER(S)' EXHIBITS :**| |---|---| |**------------------------**|| |**EXHIBIT P1**|**TRUE COPY OF THE MAHASAR DATED 21-10-2013 PREPARED**| ||**BY THE FIRST RESPONDENT.**| |**EXHIBIT P2**|**TRUE COPY OF THE CASH MEMORANDUM DATED 21-10-2013**| ||**FOR TRANSPORTATION OF WEATHERED ROCK SAND.**| |**EXHIBIT P3**|**TRUE COPY OF THE REPRESENTATION DATED 22-10-2013**| ||**SUBMITTED BY THE PETITIONER BEFORE THE SECOND**| ||**RESPONDENT.**| |**EXHIBIT P4**|**TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE**| ||**PETITIONER BEFORE THE SECOND RESPONDENT DATED**| ||**22-10-2013.**| |**EXHIBIT P5**|**TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT**| ||**DATED 11-10-2013 IN WPC NO 25045 OF 2013.**| **RESPONDENT(S)' EXHIBITS: ----------------------NIL.** **/TRUE COPY/** **P.A.TO JUDGE** **rvs/** ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) No.27732 OF 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12[th] day of November, 2013 ## **JUDGMENT** Petitioner is the owner of the vehicle bearing Registration No. KL-02-G-9810 and the said vehicle has been detained by the second respondent alleging that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. According to the petitioner, the vehicle was carrying weathered rock sand at the time of interception. Despite filing Ext.P3 representation requesting the second respondent to send the sample for analysis, till this date no action has been taken by the second respondent and hence the writ petition. The case of the petitioner is that, because of the delay from the part of the second respondent, the interim custody of the vehicle is still to be obtained. 2. Heard the learned Government Pleader as well W.P.(C)No.27732/2013 2 ## 3. A Full Bench of this Court in **Shan C.T. v. State of Kerala** **= [2010 (3) KHC 333 2010(3)KLT 413]** has laid down the manner in which the request for interim custody should be dealt with. Therefore, all what is necessary in the Writ Petition is to direct that the statutory authority to deal with the matter in the light of the provisions of the Act referred to above and in the manner as directed by the Full Bench of this Court in the judgment referred to above. Operative portion of the said judgment as contained in paragraphs 12 and 13 reads as follows: “12. Having regard to the facts and circumstances of the case, we are of the opinion that interim custody of the vehicle can be granted on condition that the owner of the vehicle deposits 30% of the value of the vehicle as determined by the appropriate authority under the Motor Vehicles Act in cash and a further condition that the owner of the vehicle should provide either a bank guarantee or immovable property security for the balance of the value of the vehicle. The amount so deposited and the security furnished would follow the final outcome of the confiscation proceedings. 13. We also deem it appropriate to direct W.P.(C)No.27732/2013 3 that the proceedings under S.23 of the above mentioned Act confiscating the vehicle shall be concluded within six weeks from the date of seizure of the vehicle as far as possible, in which case the need to consider the interim custody of the vehicle may not normally arise. But if for any reason the authorities under the Act are not able to conclude the proceedings within the period of six weeks mentioned above, the interim custody of the vehicle shall be given to the owner on the conditions specified earlier. It is also made clear that to avoid any controversy and the allegations of undue delay on the part of either party to the proceedings, the competent authority shall put the owner on notice within a period of three days of the date of seizure and the owner or any other person interested in the vehicle shall file his objections to the confiscation within a week thereafter.” 4. Considering the facts and circumstances of the case, the second respondent is directed to consider the request of the petitioner for interim custody, in accordance with the law declared by the Full Bench of this Court in _**Shan C.T. vs. State of Kerala and others**_ **(2010 (3) KHC 333 )** as expeditiously as possible, at any rate, within 'one week' from the date of receipt of a copy of this judgment. The W.P.(C)No.27732/2013 4 matter shall be finally disposed of within 'six weeks' from the date of receipt of a copy of the judgment, after obtaining the analysis report of sand tested in a competent laboratory. . It is made clear that, on final adjudication, if it is proved that the petitioner was transporting 'river sand' in contravention of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, further proceedings shall be pursued in accordance with the law declared by Division Bench of this Court in **Sujith v. State of Kerala** ( 2012 (2) KLT 547). The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for further steps. The Writ Petition is disposed of. ## **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.27732/2013 5 W.P.(C)No.27732/2013 6