Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE11H DAYOF DECEMBER201320TH AGRAHAYANA, 1935 WP(C).No. 27118 of 2013 (L) ---------------------------- PETITIONERS: -------------------- 1. RADHAKRISHNAN S/O BALAN, KOBBA KUNNUMMAL (H), IRINGAL AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.
2. VINODAN S/O BALAN, PERINGATTUVAYALIL (H), IRINGOL AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MOHANAN V.T.K. RESPONDENTS: ----------------------- 1. THE PRESIDENT PAYYOLI GRAMA PANCHAYATH, PAYYOLI, KOZHIKODE PIN:673 523.
2. THE SECRETARY PAYYOLI GRAMA PANCHAYATH, PAYYOLI, KOZHIKODE PIN:673523. BY ADV. SRI.C.VATHSALAN ADV. SRI.K.RAKESH ROSHAN ADV. SMT.THUSHARA.V THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1112-2013, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: WP(C).No. 27118 of 2013 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE FIRST PAGE OF THE CONSTRUCTION WORKERS WLEFARE FUND MEMBERSHIP BOOK OF IST PETITIONER. EXHIBIT P2: TRUE COPY OF THE PROFESSION TAX RECEIPT OF THE IST PETITIONER. EXHIBIT P3: TRUE COPY OF THE IDENTITY CARD OF THE SECOND PETITIONER. EXHIBIT P4: TRUE COPY OF THE PROFESSION TAX RECEIPT OF THE2D PETITIONER. RESPONDENT(S)' EXHIBITS EXT.R1(A): COPY OF COMPLAINT SUBMITTED BY THE1T RESPONDENT BEFORE THE TAHSILDAR, QUILANDY DT.4.11.13. EXT.R1(B): COPY OF REPLYFROM THE TAHSILDAR, QUILANDY. TRUE COPY P.A.TO JUDGE dsn K.SURENDRA MOHAN, J.
-------------------------------------------------- W.P.(C)No.27118 Of 2013 -------------------------------------------------- DATED THIS THE11h DAY OF DECEMBER, 2013 JUDGMENT
The petitioners claim to be sand mining workers, who are registered with the Payyoli Grama Panchayat. According to them, they engage country boats and collect sand from the river, which is unloaded at the Pachakkal Kadavu. On 2.11.2013, at about 7.30 a.m., while the petitioners were proceeding with sand towards the Pachakkal Kadavu, the 1st respondent apprehended them, forcibly took away their boats and also the sand they had collected. Therefore, they are not able to carry on their livelihood, they complain. It is contended that there are no proceedings initiated against them either civil or criminal. The respondents have no power or authority to detain their country boats or to seize them. Therefore, it is contended that the acts complained of are highhanded and liable to be set aside by this Court.
2. Advocate Sri C.Valsalan appears for the respondents. A counter statement as well as a counter affidavit have been filed WPC.No.27118/13 -2- on behalf of the respondents. According to the counter affidavit, the petitioners were collecting sand unauthorisedly on a holiday, a Sunday. On such unauthorised collection of sand being detected, the sand was taken into custody along with the country boats used by them, by the Secretary as well as the Chairman of the Standing Committee. The matter was immediately intimated to the Tahsildar, Koyilandy. Exhibits R1(a) and R1(b) are the proceedings evidencing the incident. According to the counter affidavit, the country boats have been handed over to the Tahsildar, Koyilandy, who is having custody thereof. It is also the contention in the counter affidavit that the petitioners are not the registered owners of the country boats and therefore, the boats could not be released to the petitioners.
3. According to Sri V.T.K.Mohanan, who appears for the petitioners, the petitioners are sand mining workers. They were not engaged in any unauthorised activities, as alleged. They were apprehended while they were proceeding to the 'Kadavu' and not while unloading the sand. It is also contended that the Panchayat authorities have no power to take the boats into custody. Therefore, he seeks the issue of appropriate directions for return of WPC.No.27118/13 -3- the country boats as well as the sand.
4. The counsel for the Panchayat on the other hand contends that the petitioners are guilty of unauthorised acts. They were illegally collecting sand on a holiday, on the presumption that their acts would not be detected. Therefore, it is contended that, the sand was liable to be taken into custody along with the boats.
5. Heard.
6. The dispute in this case is essentially factual in nature. The question as to whether the petitioners were engaged in unauthorised collection of sand is not one that could be decided in exercise of my summary jurisdiction. Since the petitioners' present request is for the release of the sand as well as the country boats, it is for them to approach the concerned authorities for necessary orders in the said regard. It has been stated that the Tahsildar, Koyilandy is the person who is retaining custody of the country boats. The petitioners would be at liberty to approach the said authority for release of the country boats and the 2nd respondent for release of the sand. In view of the above, this Writ Petition is disposed of granting liberty to the petitioners to approach the Tahsildar, Koyilandy with WPC.No.27118/13 -4- a proper application for release of the country boats taken into custody as stated above. The petitioners shall also be at liberty to approach the 2nd respondent for release of the sand that has been taken into custody, provided, they are entitled to seek such custody. If such applications are made within a period of two weeks from today, they shall be considered and final orders shall be passed thereon within a period of four weeks of the date of receipt thereof. Sd/-(K.SURENDRA MOHAN) JUDGE. dsn