High Court of KeralaSingle JudgeDisposed of with directions to finalise within ...

Vilson v. District Collector, Kasaragod and Others

Case / Petition Number:WP(C).No. 5687 of 2014 (I)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. N. Ravindran
Judgment Date
2014-03-20
Court Decision / Holding
The second respondent shall finalise the proceedings initiated against the petitioner's motor vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder expeditiously and in any event within six weeks from 20.2.2014 after affording him an opportunity to file written objections and an opportunity of being heard. The competent authority shall, before passing final orders in the matter, have the goods carried in the vehicle analysed by the competent authority upon receipt of a request in that regard from the petitioner. If the petitioner moves for interim custody of the motor vehicle, the competent authority shall grant such interim custody having regard to the principles laid down in Shan v. State of Kerala, (supra). The competent authority shall, after orders are passed, communicate a copy thereof to the petitioner.
Final Disposition
Disposed of with directions to finalise within six weeks, allow analysis on request, grant interim custody per Shan, and communicate orders to petitioner

Parties to the Case

Appellants / Petitioners

  • Vilson

Respondents

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

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. O.D. Sivadas

Counsels for Respondents

  • • Govt. Pleader, SMT. C.K. Sherin

Case Synopsis & Summary

Vilson, the owner of a goods vehicle KL-57/2713, challenged seizure by the Sub Inspector of Police, Hosdurg, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, arguing that the cargo was not river sand but mortar purchased from Karnataka. He sought a writ of release of the lorry forthwith and a declaration that the respondents had no authority to seize the vehicle or initiate action under the Act. The petition was admitted on 26 February 2014, and an interim order was issued directing the District Geologist, Kasaragod, to inspect the cargo in custody and report whether it was semi-finished mortar or river sand. Pursuant to that order, the geologist’s report indicated the cargo was cement-mixed river sand in some packets and river sand in others; the petitioner contended that megascopic observation could not be relied upon for final disposal, and that the goods should be analysed by a competent authority before final orders. The court recalled the Full Bench decision in Shan v. State of Kerala, which held that proceedings under section 23 of the Act must be concluded within six weeks from seizure, and if not concluded, interim custody should be granted under paragraph 12 of that judgment. Accordingly, it disposed of the writ petition with directions: the second respondent shall finalise the proceedings within six weeks from 20 February 2014 after hearing and allowing objections; before final orders, the goods shall be analysed upon a request by the petitioner; if interim custody is sought, it shall be granted in line with Shan; and the competent authority shall communicate a copy of the orders to the petitioner.

Provisions of Law Cited

Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001Section 23Section 23AFirst proviso to sub-section (2) of section 23A

Legal Doctrines & Maxims

  • Principles from Shan v. State of Kerala (2010) 3 KLT 413 (FB) – six-week deadline for finalisation; interim custody upon security as per the cited judgment.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the goods carried are not river sand but mortar, purchased from Karnataka. He seeks release of the motor vehicle and contends that the respondents have no authority to seize or initiate proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. He urges finalisation of proceedings after proper analysis and requests interim custody if warranted.

Contentions of Respondents

The respondents argue that the vehicle was used to transport river sand without a valid permit under the Act, and that the seizure and ensuing proceedings are legally maintainable. They rely on the statutory framework of the Act and the ongoing proceedings to regulate the matter.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Shan v. State of Kerala2010 (3) KLT 413 (FB)PositiveCited and applied as controlling authority to require six-week finalisation of proceedings and to permit interim custody if required, as reflected in the present directions.

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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.N.RAVINDRAN** **THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935** ## **WP(C).No. 5687 of 2014 (I)** ## **---------------------------** **PETITIONER(S): --------------------------** **VILSON, KULAMNIKUNNA KANDIYIL HOUSE, PILLASSERY P.O., KUNNAMANGALAM, KOZHIKODE.** ## **BY ADV. SRI.O.D.SIVADAS.** ## **RESPONDENT(S):** **----------------------------** **1. THE DISTRICT COLLECTOR, KASARAGODE-671 121.** **2. THE REVENUE DIVISIONAL OFFICER, KANHANGAD-671 315.** **3. THE SUB INSPECTOR OF POLICE, HOSDURG-671 121.** **BY GOVT. PLEADER SMT.C.K. SHERIN.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **rs.** ## **WP(C).No. 5687 of 2014 (I)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** **EXHIBIT P1. A TRUE COPY OF THE PERMIT OF VEHICLE NO.KL-57/2713.** - **EXHIBIT P2. A TRUE COPY OF THE VAT REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, MANGALORE DATED 13/08/2013.** - **EXHIBIT P3. A TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT INDUSTRIES CENTRE.** - **EXHIBIT P4. A TRUE COPY OF THE VAT REGISTRATION CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, KASARAGOD.** - **EXHIBIT P5. A TRUE COPY OF THE SALE BILL DATED 19/02/2014 ISSUED BY THE PETITIONER.** **EXHIBIT P6. A TRUE COPY OF THE E-SUGAM FORM FORWARDED BY THE CONSIGNOR DATED 19/02/2014.** - **EXHIBIT P7. A TRUE COPY OF THE DELIVERY NOTE ISSUED TO THE PETITIONER'S VEHICLE DATED 19/02/2014.** - **EXHIBIT P8. A TRUE COPY OF THE SALE BILL DATED 20/02/2014 ISSUED BY THE CONSIGNEE.** - **EXHIBIT P9. A TRUE COPY OF THE FIRST INFORMATION REPORT AND SEIZURE MAHAZAR ISSUED BY THE 3RD RESPONDENT.** ## **RESPONDENT'S EXHIBITS:-** **NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** **rs.** ## **P.N.RAVINDRAN, J. ----------------------------------------W.P.(C).No.5687 of 2014 ----------------------------------------Dated this the 20[th] day of March, 2014** ## **JUDGMENT** The petitioner herein is the owner of a goods vehicle bearing registration No.KL-57/2713. The said vehicle was seized by the third respondent on 20.2.2014 on the allegation that it was used to transport river sand without a valid permit in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In this writ petition, the petitioner prays for an order directing the respondents to release the lorry forthwith and a declaration that the respondents have no authority to seize the goods in his motor vehicle and initiate proceedings against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. The main ground raised in the writ petition is that the goods carried is not river sand but mortar purchased from the State of Karnataka. When this writ petition came up for admission hearing before me on 26.2.2014, while admitting the writ petition, I passed the following interim order:- _“Admit. Learned Government Pleader takes_ W.P(C)No.5687/2014 ## -:2:- _notice for the respondents._ _There will be an interim order directing the District Geologist, Kasaragod to inspect the commodity carried in the goods vehicle bearing registration No.KL57/2713 presently in the custody of the Sub Inspector of Police, Hosdurg and submit a report to this Court on or before 3.3.2014 as to whether the goods carried is semi finished mortar or pure sand/river sand.”_ 3. Pursuant thereto the District Geologist, Kasargod inspected the goods carried in the vehicle. He has after such inspection filed a report. The report reads as follows:- _“On 01.03.2014 I have inspected the commodity carried in the goods vehicle bearing Registration No.KL57-2713, presently in the custody of the Sub Inspector of Police, Hosdurg. The commodity is loaded on the vehicle using packets. I have collected samples of the commodity from two numbers of the packets. The commodity is not mortar. The megascopic observation of one of the samples shows that the commodity is cement mixed river sand. The other sample is also of river sand in which the presence of cement is not seen by megascopic observation”._ 4. When the writ petition came up for hearing today, Sri.O.D.Sivadas, learned counsel appearing for the petitioner submitted that it was only after megascopic observation of the W.P(C)No.5687/2014 -:3:- samples that the aforesaid report has been filed and therefore the writ petition may be disposed of with a direction to the Revenue Divisional Officer, Kanhangad to finalise the proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 after getting the sample of the goods carried in the petitioner's motor vehicle analysed by a competent authority. Learned counsel also submitted that he may also be permitted to move the Revenue Divisional Officer for interim custody of the motor vehicle in the light of the first proviso to sub-section (2) of section 23A of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 5. A Full Bench of this Court has in _**Shan v. State of Kerala**_ , 2010 (3) KLT 413 (F.B) held that proceedings for confiscation initiated under section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 shall be concluded within a period of six weeks from the date of seizure. It is also directed that if within the said period of six weeks the competent authority is not in a position to finalise the proceedings interim custody of the motor vehicle shall be given to the owner on the terms and conditions stipulated in paragraph 12 W.P(C)No.5687/2014 -:4:- of the said judgment. It was thereafter that section 23A was incorporated in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 empowering the competent authority to grant interim custody of the vehicle upon sufficient security. In the light of the aforesaid facts and the submissions made at the Bar, I dispose of the writ petition with the following directions:- A) The second respondent shall finalise the proceedings initiated against the petitioner/petitioner's motor vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder expeditiously and in any event within six weeks from 20.2.2014 after affording him an opportunity to file written objections and an opportunity of being heard. B) The competent authority shall, before passing final orders in the matter, have the goods carried in the vehicle analysed by the competent authority upon receipt of a request in that regard from the petitioner. C) In the event of the petitioner moving the competent authority for interim custody of the motor vehicle, the competent W.P(C)No.5687/2014 -:5:- authority shall, having regard to the principles laid down in _**Shan**_ _**v. State of Kerala**_ , (supra) grant such interim custody. D) The competent authority shall, after orders are passed, communicate a copy thereof to the petitioner. **P.N.RAVINDRAN, Judge.** **ahg.** **P.N.RAVINDRAN, J. --------------------------W.P.(C).No.5687 of 2014 ----------------------------** ## **JUDGMENT** **20[th] March, 2014**