W.P.(C) No.24458 of 2013 (F) – Muhammed Rafi K.P. v. Sub Divisional Magistrate/ Revenue Divisional Officer, Thirur; Sub-Inspector of Police, Kuttipuram; Assistant Motor Vehicle Inspector, Joint Regional Transport Office, Tirur

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **MONDAY, THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935** ## **WP(C).No. 24458 of 2013 (F)** **----------------------------** ## **PETITIONER :** **--------------------** **MUHAMMED RAFI K.P., S/O ABDULLA, 29 YEARS, KUNDUPARAMBIL HOUSE, KALADY P.O VILLAGE, DESOM MALAPPURAM DISTRICT (REGISTERED OWNER OF KL-11/D 4860)** **BY ADVS.SRI.SHOBY K.FRANCIS SRI. AGI SHOBY SMT.K.P.SHAMEENA** ## **RESPONDENT(S) :** **----------------------------** **1. THE SUB DIVISIONAL MAGISTRATE/ REVENUE DIVISIONAL OFFICER, OFFICE OF RDO, THIRUR, P.O. THIRUR MALAPPURAM DISTRICT, PINCODE - 676101.** **2. SUB- INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM P.O MALAPPURAM DISTRICT- 679571** **3. ASSISTANT MOTOR VEHICLE INSPECTOR, JOINT REGIONAL TRANSPORT OFFICE, TIRUR MALAPPURAM DISTRICT - 676101** **R1 TO R3 BY SR.GOVT. PLEADER SMT. K.T. LILLY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mn** **...2/-** **WP(C).No. 24458 of 2013 (F)** **----------------------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS :** **-------------------------------------** **EXHIBIT P1 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 13-09-2013** **RESPONDENT(S)' EXHIBITS : NIL** **---------------------------------------------------------** **//TRUE COPY//** **P.A. TO JUDGE** **Mn** ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) No.24458 OF 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7[th] day of October, 2013 ## **JUDGMENT** Petitioner is the owner of the vehicle bearing Registration No. KL-11/D-4860 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 ordinary port sand at the time of interception on 12/09/2013. The case of the petitioner is that, because of the delay from the part of the respondents, the interim custody of the vehicle is still to be obtained. 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 which the request for interim custody should be dealt with. Therefore, W.P.(C)No.24458/2013 2 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 which case the need to consider the interim W.P.(C)No.24458/2013 3 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 first respondent is directed to consider the claim, if any, for interim custody and pass orders within two weeks. Final orders in adjudication proceedings shall be passed, at the earliest, at any rate, 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 W.P.(C)No.24458/2013 4 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 first respondent for further steps. The Writ Petition is disposed of. **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.24458/2013 5 **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.24458/2013 6