High Court of KeralaSingle JudgeWrit petition disposed of

Sunil v. District Collector, Kasaragod and others

Case / Petition Number:WP(C).No. 20305 of 2013 (K)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.R.RAMACHANDRA MENON
Judgment Date
2013-08-16
Court Decision / Holding
Writ petition disposed of with directions: interim custody to be considered in light of Shan C.T. and within one week; final disposal within six weeks following laboratory analysis; if river sand is proved, proceed under the Act; if not, offences under Mines and Minerals Act and related rules may be compounded; if not concluded within six weeks, interim custody on the earlier terms may be granted; the petitioner to produce a copy of this judgment with writ petition before the second respondent; other procedural safeguards as stated in the judgment.
Final Disposition
Writ petition disposed of

Parties to the Case

Appellants / Petitioners

  • Sunil s/o Apputti, Kollavayal, P.O. Ajnur, Kanhangad

Respondents

  • The District Collector, Kasaragod
  • The Revenue Divisional Officer, Hosdurg
  • The Sub Inspector of Police, Hosdurg Police Station, Kasaragod District

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. O.D. Sivadas

Counsels for Respondents

  • • Sr. Govt. Pleader, Mr. Joseph George

Case Synopsis & Summary

Sunil, the owner of vehicle KL-58/A 6149, challenges detention by authorities under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 for allegedly transporting river sand. The petitioner contends the vehicle was carrying ordinary sand and not river sand, and that the first respondent is proceeding with adjudication on the incorrect assumption, which would cause illegitimate confiscation. The court references a Full Bench decision in Shan C.T. v. State of Kerala (2010 (3) KHC 333; 2010 (3) KLT 413) to frame interim custody and disposal timelines, directing that the statutory authority deal with the matter consistently with that decision. The operative directions permit interim custody on deposit of 30% of the vehicle’s value as determined by the appropriate Motor Vehicles Act authority, with the balance secured by bank guarantee or immovable property, to be adjusted with the final outcome of the proceedings. It also requires that confiscation proceedings under Section 23 of the Act be concluded within six weeks, failing which interim custody may be granted again on the specified terms. The judgment notes that amendments have delegated adjudication to the Revenue Divisional Officer, with the District Collector as revisional authority, and directs expeditious consideration of interim custody, final disposal within six weeks, and laboratory testing of the sand. If river sand is proved, further proceedings will follow the Act; if not, options under the Mines and Mineral (Development and Regulation) Act, 1957 and related Rules may be considered, including potential compounding. The petition is disposed of with these directions.

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, 2002S.23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001Motor Vehicles Act (as applicable for valuation under the Act)Mines and Mineral (Development and Regulation) Act, 1957Kerala Minor Mineral Concession Rules, 1967

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the vehicle KL-58/A 6149 was intercepted and detained for alleged river-sand transport, but the commodity is actually ordinary sand. He submits that the authorities have proceeded as if the material were river sand, which would trigger the confiscation regime under the River Banks Act. Relying on Shan C.T., he seeks interim custody under the Act pending adjudication and a timely disposal of the matter, with safeguards including cash deposit, bank guarantee or security, and a clear time-bound process. He argues for due process and avoidance of unwarranted delays.

Contentions of Respondents

The respondents contend that the vehicle was detained for alleged river-sand transport in contravention of the River Banks Act, and that the authorities are empowered to adjudicate under the Act. They emphasise the public interest in protecting river banks and maintaining compliance with the Act and Rules. They urge expeditious adjudication under the statutory framework and highlight the amended delegation of adjudicatory powers to the Revenue Divisional Officer, with the District Collector as revisional authority.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Shan C.T. v. State of Kerala and others2010 (3) KHC 333; 2010 (3) KLT 413PositiveThe judgment explicitly relies on the Shan C.T. decision for interim custody framework and time-bound disposal, adopting the Full Bench's directions as the governing procedure.
Sujith v. State of Kerala2012 (2) KLT 547PositiveThe judgment cites Sujith for the principle that final steps follow the law declared by a Division Bench; used to guide potential consequences if river sand is proved.

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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** **FRIDAY, THE 16TH DAY OF AUGUST 2013/25TH SRAVANA, 193521082013** ## **WP(C).No. 20305 of 2013 (K)** **----------------------------** ## **PETITIONER(S):** **-----------------------** **SUNIL, S/O.APPUTTI, KATTADI , KOLAVAYAL, P.O. AJNUR, KANHANGAD.** **BY ADV. SRI.O.D.SIVADAS.** **RESPONDENT(S): --------------------------** **1. THE DISTRICT COLLECTOR, KASARAGOD- 671 121.** **2. THE REVENUE DIVISIONAL OFFICER, HOSDURG.** **3. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT.** ## **BY SR. GOVT. PLEADER MR.JOSEPH GEORGE.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **rs.** ## **WP(C).No. 20305 of 2013 (K)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** **EXHIBIT P1 COPY OF THE RELEVANT PORTION OF THE REGISTRATION CERTIFICATE OF PETITIONER'S VEHICLE NO.KL/58/A.6149.** **EXHIBIT P2 COPY OF THE SEIZURE MAHAZAR ISSUED BY THE HOSDURG POLICE.** ## **RESPONDENT'S EXHIBITS:-** **NIL.** **//TRUE COPY//** **P.A. TO JUDGE.** **rs.** ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) No.20305 OF 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16[th] day of August, 2013 ## **JUDGMENT** Petitioner is the owner of the vehicle bearing Registration No. KL-58/A 6149 and the said vehicle has been detained by the third 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 'ordinary sand' at the time of interception. It is submitted that the first respondent is proceeding with adjudication proceedings on the assumption that the seized article is river sand and hence the writ petition. 2. Heard the learned Government Pleader as well 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 2 W.P.(C)No.20305/2013 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 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 W.P.(C)No.20305/2013 3 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. By virtue of amendment of the statute, the power and authority to deal with adjudication proceedings is delegated upon the Revenue Divisional Officer, making the District Collector as the revisional authority. 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. W.P.(C)No.20305/2013 4 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. 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). After testing, if it is revealed that the commodity transported by the petitioner is not the river sand and if any offence is made out under the relevant provisions of Mines and Mineral ( Development and Regulation ) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967, an opportunity of compounding the offence shall be given, if so desired. 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. sv ## **P.R.RAMACHANDRA MENON JUDGE** W.P.(C)No.20305/2013 5 sv. W.P.(C)No.20305/2013 6