Ramesh K, vs the District Collector,

Ramesh K, vs The District Collector,

Type Court Judgment Court Kerala Decided Feb 08, 2022

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https://sooperkanoon.com/case/1440833

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Citation: sooperkanoon.com/1440833
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 08, 2022
Case Number: WP(C)/478/2022

Parties & Advocates

Appellant / Petitioner

Ramesh K,

Respondent

The District Collector,

Excerpt

.....by the 4th respondent on the allegation that they were illegally transporting river sand. it is stated that though the petitioner approached the 3rd respondent and submitted representation for release of the vehicles, the vehicles have not been released to the petitioner.4. the learned government pleader submits, on instructions, that thevehicles were apprehended on 02.12.2021 on the allegation that there was violation of the provisions of the kerala protection of river banks and regulation of removal of sand act, 2001 and that the records relating to the seizure have been duly forwarded to the 2 nd respondent. it is submitted that it is for the 2nd respondent to take an appropriate decision in the matter.5. having considered the contentions advanced, i am of the opinionthat it is for the 2nd respondent to finalize the proceedings with regard to the vehicles of the petitioner. in case the petitioner approaches the 2 nd respondent with an appropriate representation, the same shall be considered, in accordance with law, and the proceedings shall be finalized within a period of three weeks from the date of receipt of a copy of thisjudgment.this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 478/2022 petitioner’s exhibits: exhibit p1 a true copy of the rc particular of vehicle , eicher tipper lorry bearing reg. no. kl 39 a 4322. exhibit p2 a true copy of the rc particular of vehicles, eicher tipper lorrry bearing reg. no. kl 14j 1160. exhibit p3 a true copy of the seizure mahazar of the 4th respondent dated 02.12.2021. exhibit p4 a true copy of the representation submitted by the petitioner before the 3rd respondent dated 03.12.2021. respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 PETITIONER: RAMESH K, AGED 45 YEARS S/O. KAIKKALAN, KANNOTH HOUSE, ERIYA P.O, PULLUR, ANADASRAMAM, KASARGOD 671 531. BY ADV K.I.SAGEER RESPONDENTS:
1 THE DISTRICT COLLECTOR, KASARGODE DISTRICT, CIVIL STATION, VIDYANAGAR, KASARGODE 671 123. 2 THE REVENUE DIVISIONAL OFFICER KANHANGAD, OFFICE OF THE RDO, HOSDURG, KANHANGAD 671 315. 3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, E- BLCOK, 2ND FLOOR, CIVIL STATION, VIDYA NAGAR, KASARAGOD 671 123. 4 STATION HOUSE OFFICER, BEKKAL POLICE STATION, BEKKAL, KASARGOD 671 531. SMT.VINITHA B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 8th day of February, 2022 This writ petition is filed seeking the following prayer: “(i) Issue a writ of mandamus or any other appropriate writ,

order or direction directing the respondents to release Eicher

tipper lorries bearing Reg. No.KL-39A 4322 and KL-14J 1160 to the petitioner expeditiously without imposing any conditions.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner of two tipper lorries bearing Reg. No.KL-39A 4322 and KL-14J 1160. It is submitted that on 02.12.2021, the lorries were seized by the 4th respondent on the allegation that they were illegally transporting river sand. It is stated that though the petitioner approached the 3rd respondent and submitted representation for release of the vehicles, the vehicles have not been released to the petitioner.

4. The learned Government Pleader submits, on instructions, that the

vehicles were apprehended on 02.12.2021 on the allegation that there was violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and that the records relating to the seizure have been duly forwarded to the 2 nd respondent. It is submitted that it is for the 2nd respondent to take an appropriate decision in the matter.

5. Having considered the contentions advanced, I am of the opinion

that it is for the 2nd respondent to finalize the proceedings with regard to the vehicles of the petitioner. In case the petitioner approaches the 2 nd respondent with an appropriate representation, the same shall be considered, in accordance with law, and the proceedings shall be finalized within a period of three weeks from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 478/2022 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE RC PARTICULAR OF VEHICLE , EICHER TIPPER LORRY BEARING REG. NO. KL 39 A 4322. Exhibit P2 A TRUE COPY OF THE RC PARTICULAR OF VEHICLES, EICHER TIPPER LORRRY BEARING REG. NO. KL 14J 1160. Exhibit P3 A TRUE COPY OF THE SEIZURE MAHAZAR OF THE 4TH RESPONDENT DATED 02.12.2021. Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.12.2021. RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Ramesh K, vs The District Collector, Same Judge Honourable Mrs. Justice Anu Sivaraman