High Court of KeralaSingle JudgeWrit Petition disposed of with directions for G...

Safeer. V.P. v. District Collector, Civil Station, Kakkanad, Ernakulam; The Senior Geologist, Mining and Geology Department, District Office, Kakkanad; The Sub Inspector of Police, Perumbavoor Police Station

Case / Petition Number:WP(C). No. 17879 of 2012 (H)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. R. RAMACHANDRA MENON
Judgment Date
2013-02-20
Court Decision / Holding
The Writ Petition is disposed of with directions: the second respondent Geologist shall conduct a spot inspection, issue notice to both sides, obtain samples, and certify the actual nature of the sand. A report must be submitted, guiding further action by the first respondent. If the sand is river sand, adjudication under the Kerala Protection of River Bank and Regulation of Sand Act shall be completed within one month from the report; if it is ordinary sand and Exts. P11–P14 are genuine, the sand shall be released forthwith. If Exts. P11–P14 are not genuine, appropriate proceedings under the Kerala Minor Mineral Concession Rules shall be pursued within one month. Inspection must be completed within three weeks from the date of receipt of the judgment.
Final Disposition
Writ Petition disposed of with directions for Geologist’s inspection and report, and subsequent actions based on the report.

Parties to the Case

Appellants / Petitioners

  • Safeer. V.P.

Respondents

  • The District Collector, Civil Station, Kakkanad, Ernakulam
  • The Senior Geologist, Mining and Geology Department, District Office, Civil Station, Kakkanad, Ernakulam
  • The Sub Inspector of Police, Perumbavoor Police Station

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P.N. Santosh
  • • SmT. K.P. Geetha Mani

Counsels for Respondents

  • • Government Pleader SMT. K.T. Lilly

Case Synopsis & Summary

The petitioner, Safeer. V.P., filed WP(C) No. 17879 of 2012 challenging the seizure of sand under Ext. P15 and seeking release of the material and quashing of Ext. P17, which sanctioned an auction by the third respondent. The dispute centers on whether the sand stored on petitioner’s property is “ordinary sand” or “river sand” under the Kerala Protection of River Bank and Regulation of Sand Act. The petitioner purchased four loads of sand with valid P Forms (Exts. P11–P14), and the sand was brought to and stored on land formerly leased to another person. The District Collector had previously imposed a general ban on sand business, but a dealer’s license had allowed sale of existing stock; the license expired on 30-09-2012. The third respondent registered Ext. P15 FIR alleging violation of the Act based on the river-sand claim. The court noted that the dispute over the sand’s nature is a factual question that requires expert determination. It directed the second respondent Geologist to conduct a spot inspection, collect samples, and certify the sand’s true nature, with notice to both sides. Depending on the Geologist’s report, adjudication under the Act will proceed; if the sand is ordinary and Exts. P11–P14 are genuine, the sand must be released. If Exts. P11–P14 are not genuine, proceedings under the Minor Mineral Concession Rules will follow. The writ petition was disposed of with these directions.

Provisions of Law Cited

Kerala Protection of River Bank and Regulation of Sand ActKerala Minor Mineral Concession Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that four loads of ordinary sand were purchased with valid P Forms (Exts. P11–P14) and stored on land leased to another; Ext. P15 FIR asserts river-sand violation under the Act despite genuine purchasing documents. The petition seeks release of the sand, quashing Ext. P17, and a direction to determine the sand’s true nature through a Geologist’s report. If the sand is ordinary, Exts. P11–P14 should be treated as genuine; if river sand, appropriate action under the Act should follow, with timely adjudication. The petition asks for staying Ext. P17 and protection of the petitioner’s property rights until a proper determination is made.

Contentions of Respondents

The respondents contest the sand’s nature and rely on Ext. P15 FIR under the River Sand Act. They argue for a factual determination by the Geologist to ascertain whether the sand is river sand and, if so, subject to the Act’s provisions; the District Collector’s ban on sand commerce and the prior license status are relevant. They seek to enforce regulatory controls and potential auction once sanctioned, pending the Geologist’s report.

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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** ## **WEDNESDAY, THE 20TH DAY OF FEBRUARY 2013/1ST PHALGUNA 1934** ## **WP(C). No. 17879 of 2012 (H)** **---------------------------** **PETITIONER:** - **------------------** **SAFEER. V.P. VELLAPALLY HOUSE, RAYONPURAM P.O. KANJIRAKKAD, PERUMBAVOOR, ERNAKULAM.** **BY ADVS. SRI. P.N. SANTHOSH SMT. K.P. GEETHA MANI** **RESPONDENTS:** **----------------------** **1. THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM PIN.682 030.** ## **2. THE SENIOR GEOLOGIST,** - **MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICE, CIVIL STATION, KAKKANAD ERNAKULAM. PIN-682 030.** **3. THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR. PIN-** **BY GOVERNMENT PLEADER SMT. K.T. LILLY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C). No. 17879 of 2012 (H)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** - **EXHIBIT-P1 - A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-4-2011 ISSUED BY THE VILLAGE OFFICER, PERUMBAVOOR TO THE PETITIONER.** - **EXHIBIT-P2 - A TRUE COPY OF THE LOCATION SKETCH DATED 7-4-2011 ISSUED BY THE VILLAGE OFFICER, PERUMBAVOOR IN RESPECT OF EXT.P1 PROPERTY.** - **EXHIBIT-P3 - A TRUE COPY OF THE TAX RECEPT DATED 23-1-2012 IN RESPECT OF EXT.P1 PROPERTY.** - **EXHIBIT-P4 - A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01-03-2011 ISSUED BY THE VILLAGE OFFICER, PERUMBAVOOR IN RESPECT OF 20.24 ARES OF PROPERTY BELONGING TO THE MOTHER OF THE PETITIONER.** - **EXHIBIT-P5 - A TRUE COPY OF THE LOCATION CERTIFICATE IN RESPECT OF EXT.P4 PROPERTY.** - **EXHIBIT-P6 - A TRUE COPY OF THE TAX RECEIPT DATED 23-4-2012 ISSUED BY THE VILLAGE OFFICER, PERUMBAVOOR IN RESPECT OF EXT.P4 PROPERTY.** - **EXHIBIT-P7 - A TRUE COPY OF THE ORDER NO.D2/1307/06/D.DIS. DATED 17-6-2006 ISSUED BY THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM TO THE PETITIONER APPROVING THE LAYOUT OF THE GODOWN.** - **EXHIBIT-P8 - A TRUE COPY OF THE CASH RECEIPT DATED 11-7-2012 ISSUED TO THE PETITIONER BY THE PERUMBAVOOR MUNICIPALITY ACCEPTING THE FEES FOR CONSTRUCTION OF THE BUILDING AND OTHER FEES.** - **EXHIBIT-P9A TRUE COPY OF THE DEALER'S LICENSE DATED 26-4-2012 WHICH IS VALID UPTO 30-9-2012.** - **EXHIBIT-P10 - A TRUE COPY OF THE COMMUNICATION DATED 25-4-2012 ISSUED BY THE DISTRICT COLLECTOR TO THE 2ND RESPONDENT** - **EXHIBIT-P11 - THE TRUE COPIES OF THE P FORM DATED 16-4-2012 ISSUED BY THE DEALER TO THE PETITIONER.** - **EXHIBIT-P12 - THE TRUE COPIES OF THE P FORM DATED 16-4-2012 ISSUED BY THE DEALER TO THE PETITIONER.** - **EXHIBIT-P13 - THE TRUE COPIES OF THE P FORM DATED 17-4-2012 ISSUED BY THE DEALER TO THE PETITIONER.** - **EXHIBIT-P14 - THE TRUE COPIES OF THE P FORM DATED 17-4-2012 ISSUED BY THE DEALER TO THE PETITIONER.** **EXHIBIT-P15 - A TRUE COPY OF THE FIR AND SEIZER MAHAZAR DATED 8-6-2012 ISSUED BY THE 3RD RESPONDENT** **EXHIBIT-P16 - A TRUE COPY OF THE WRITTEN REQUEST DATED 12-7-2012 SUBMITTED BY THE PETITIONER BEFORE the 3RD RESPONDENT.** **EXHIBIT-P17 - TRUE COPY OF THE PROCEEDINGS/ORDER NO.T 655/12 DATED 19.06.2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, PERUMBAVOOR.** ## **RESPONDENTS' EXHIBITS :- NIL** **// True Copy//** **P.A. TO JUDGE.** sp ## **P.R. RAMACHANDRA MENON J.** ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 17879 of 2012 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20[th] day of February, 2013 ## **JUDGMENT** ## The petitioner has approached this Court with the following prayers : i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext. P15 seizure mahazar and set aside the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 3[rd] respondent to release the sand seized by him by Ext. P15 to the petitioner forthwith. iii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that the 3[rd] respondent has not authority to seize the sand covered by Exhibit P15 as the same was purchased by the petitioner with valid documents like Exts. P11 to P14. iv.)Issue a writ of mandamus or any other appropriate writ, order or direction staying the operation and implementation of Ext.P17 and quash the same declaring it as illegal. v. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P17 and quashing the same. _W.P.(C) No. 17879 of 2012_ : 2 : ## And vi. grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including closts. 2. The sequence of events as narrated in the writ petition shows that the petitioner purchased four loads of ordinary sand based on valid pass/'P Form', copies of which have been produced as Exts. P11 to P14. The sand was brought and unloaded in the property belonging to the petitioner, which was earlier let out to another person and subsequently taken back after termination of lease. While so, the third respondent intervened and registered Ext. P15 FIR against the petitioner, alleging violation of the provisions of Kerala Protection of River Bank and Regulation of Sand Act, stating that, sand stored in the premises was nothing but river sand. Eventhough the petitioner sought to substantiate the position by filing Ext. P16 before the concerned authority, the same did not turn to be fruitful, which is under challenge in this writ petition. _W.P.(C) No. 17879 of 2012_ : 3 : 3. Heard the learned Government Pleader as well. 4. It is seen from records that, when the matter came up for consideration before this Court on 31.07.2012, further steps to be pursued, based on Ext. P17 sanction obtained from the concerned Judicial First Class Magistrate's Court by the third respondent to cause sand to be auctioned, was intercepted. The learned counsel for the petitioner submits that the 30 cents of property in question, in Survey No. 9/2, is belonging to the petitioner and 50 cents comprised in survey No. 9/1 is his mother's name. The petitioner's land was earlier given on lease to a person by name C.S. Sakkeer, who was dealing with the business of sand, on the basis of relevant permit/licence obtained from the concerned authority. While so, the District Collector passed an order, whereby general ban was imposed in respect of sand business. In the said circumstances, the said dealer filed a writ petition and after considering the same, the matter was disposed of, enabling the dealer to sell out the existing stock. It was accordingly, _W.P.(C) No. 17879 of 2012_ : 4 : that the District Collector issued Ext.P10 order/proceedings to the Geologist causing the dealer to sell out the remaining stock. It has been sold out accordingly and the property has taken back by the petitioner, as the lease period is already over. Copy of the dealers licence which has been produced as Ext. P9 reveals that the same also got expired on 30.09.2012 and it was not renewed thereafter. The learned counsel for the petitioner submits that the only dispute is with regard to the actual nature of sand which is now lying in the premises of the petitioner. The same, according to the petitioner, is only 'Ordinary sand', which is supported by Ext. P11 to P14 documents. This however is sought to be rebutted by the learned Government Pleader, stating that, said sand is nothing but 'River Sand' and that the petitioner is liable to be proceeded against, based on Ext. P15 FIR. 5. The disputed question on fact as to the nature of sand can be ascertained only after causing the same to be examined by the concerned Geologist. In the said _W.P.(C) No. 17879 of 2012_ : 5 : circumstances, there will be a direction to the second respondent to conduct spot inspection, after issuing notice to both the sides, to take necessary samples and to certify the actual nature of the sand in question. Thereupon the matter shall be dealt with by the first respondent, based on the report to be submitted by the second respondent, and if necessary by pursuing further action for causing to analyse and verify the genuineness of the certificate and to ascertain the actual physical nature of the sand in question, obtaining report from such other appropriate/higher level authorities concerned. If it is proved that the sand stored by the petitioner is 'river sand', adjudication proceedings shall be finalized by the District Collector, in accordance with the relevant provisions of the Kerala Protection of River Bank and Regulation of Sand Act, at the earliest, at any rate within 'one month' from the date of receipt of report from the Geologist. On the other hand, if it is substantiated that the sand in question is not 'river sand' but 'Ordinary sand' and Exts. P11 to P14 passes _W.P.(C) No. 17879 of 2012_ : 6 : are genuine, it shall caused to be released to the petitioner forthwith. If the concerned authority finds that Exts. P11 to P4 are not genuine documents, appropriate proceedings could be pursued against the petitioner under the relevant provisions of the Kerala Minor Mineral Concession Rules and this shall be completed within a period of one month. Inspection by the 'Geologist' shall be done forthwith, at any rate, within 'three weeks' from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. Sd/- **P. R. RAMACHANDRA MENON, (JUDGE)** kmd