Martin vs the District Collector

Martin vs The District Collector

Type Court Judgment Court Kerala Decided Jun 06, 2024

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https://sooperkanoon.com/case/1300816

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Citation: sooperkanoon.com/1300816
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jun 06, 2024
Case Number: WP(C)/19898/2015

Parties & Advocates

Appellant / Petitioner

Martin

Respondent

The District Collector

Excerpt

.....this court being aggrieved by the detention of the vehicle bearing registration no.tn-41/ac 9389 alleging commission of offence under the provisions of the kerala protection of river banks and regulation of removal of sand act,2001. by an interim order dated 2.7.2015, this court passed the following order: “admit. the learned government pleader takes notice for the respondents.2. after going through the materials and after hearingboth sides, this court finds that the petitioner has prima facie established a case as to the bringing of sand from the state of maharashtra and that there is no ban or prohibition in bringing river sand from the said state, which is supported by valid documents. there is signature and seal of the check post authorities in the concerned documents.3. in the said circumstances, there will be an interim orderas prayed for, subject to execution of a simple bond before the concerned respondent and also on furnishing an undertaking that the vehicle will not be alienated nor any action will be pursued so as to cause diminution of value of the vehicle in any manner. respondents are directed to file counter affidavit, if any. post along with connected cases.” the vehicle of the petitioner has been released pursuant to the interimorder dated 2.7.2015. however, the proceedings against the petitionerw.p.(c)no.19898/2018 3 had to be concluded in accordance with the law. therefore, this writ petition will stand disposed of directing the 1st respondent to finalise the proceedings initiated against the petitioner through the competent officer, if the same has not yet been finalised, with notice to the petitioner. the writ petition will stand disposed of as above. sd/- gopinath p. judge acd w.p.(c)no.19898/2018 4 appendix of wp(c) 19898/2015 petitioner exhibits p1-the copy of tha authorisation certifiate of the petitioner's vehicle p2- the copy of the permit issued from sindhudurg p3- the copy of the bill dated 25.5.2015 p4- the copy of the.....

Full Judgment

W.P.(C)No.19898/2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 19898 OF 2015
PETITIONER: MARTIN, S/O. PAULOSE, 3/78, NALLI GOUNDER THALAKKARI,POLLACHI,TAMIL NADU. BY ADV SRI.O.D.SIVADAS RESPONDENTS: 1 THE DISTRICT COLLECTOR KASARAGOD-671 121. 2 THE REVENUE DIVISIONAL OFFICERKANHANGAD.671 315. 3 THE SUB INSPECTOR OF POLICEKASARGOD-671 121. OTHER PRESENT: SRI. VENUGOPAL V (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.19898/2018 2

JUDGMENT

The petitioner has approached this Court being aggrieved by the detention of the vehicle bearing Registration No.TN-41/AC 9389 alleging commission of offence under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act,

2001. By an interim order dated 2.7.2015, this Court passed the following order: “Admit. The learned Government Pleader takes notice for the respondents.

2. After going through the materials and after hearing

both sides, this Court finds that the petitioner has prima facie established a case as to the bringing of sand from the State of Maharashtra and that there is no ban or prohibition in bringing river sand from the said State, which is supported by valid documents. There is signature and seal of the check post authorities in the concerned documents.

3. In the said circumstances, there will be an interim order

as prayed for, subject to execution of a simple bond before the concerned respondent and also on furnishing an undertaking that the vehicle will not be alienated nor any action will be pursued so as to cause diminution of value of the vehicle in any manner. Respondents are directed to file counter affidavit, if any. Post along with connected cases.” The vehicle of the petitioner has been released pursuant to the interim

order dated 2.7.2015. However, the proceedings against the petitioner

W.P.(C)No.19898/2018 3 had to be concluded in accordance with the law. Therefore, this writ petition will stand disposed of directing the 1st respondent to finalise the proceedings initiated against the petitioner through the competent officer, if the same has not yet been finalised, with notice to the petitioner. The writ petition will stand disposed of as above. Sd/- GOPINATH P. JUDGE acd W.P.(C)No.19898/2018 4 APPENDIX OF WP(C) 19898/2015 PETITIONER EXHIBITS P1-THE COPY OF THA AUTHORISATION CERTIFIATE OF THE PETITIONER'S VEHICLE P2- THE COPY OF THE PERMIT ISSUED FROM SINDHUDURG P3- THE COPY OF THE BILL DATED 25.5.2015 P4- THE COPY OF THE E-SUGAM FORM ISSUED TO M/S.FAJAR GENERAL TRADING, VALAPATTANAM. P5- THE COPY OF THE DELIVERY NOTE ISSUED IN FORM 15 TO M/S.FAJAR GENERAL TRADING P6- THE COPY OF THE CIRCULAR DATED 11.11.2010

P7- THE COPY OF THE PROCEEDING DATED 17.7.2013 ISSUED BY THE GOVERNEMNT OF KARANATAKA MINING AND GEOLOGY DEPARTMENT P8- THE COPY OF THE PROCEEDING DATED 17.12.2013 ISSUED BY THE GOVERNMENT OF KARNATAKA, MINING AND GEOLOGY DEPARTMENT. P9- THE COPY OF THE PROCEEDING OF 1ST RESPONDENT DATED 4.6.2013 P10- THE COPY OF HTE ORDER ISSUED BY THIS HONOURABLE COURT IN WP(C) NO.16529 OF 2015 DATED 3.6.2015

Same Court & Year Kerala · 2024 Same Parties Martin vs The District Collector Same Judge Honourable Mr. Justice Gopinath P.