Nishar.M.K. Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE4H DAY OF SEPTEMBER201313TH BHADRA, 1935 WP(C).No. 21125 of 2013 (M) ---------------------------- PETITIONER: ----------- NISHAR.M.K., AGED27YEARS S/O.ATHRUMANKUTTY, NISAR MANZIL, PALATH P.O. KAKKODI VIA., KOZHIKODE-673611. BY ADV. SRI.I.V.PRAMOD RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, VIDYA NAGAR, KASARAGOD, PIN671001.

3. S.I. OF POLICE, MANJESHWARAM, POST MANJESHWARAM67101. ADDL.4TH RESPONDENT IMPLEADED ------------------------------ ADDL.R4. THE REVENUE DIVISIONAL OFFICER, KASARGOD AT KANHANGAD, P.O.KANHANGAD, KASARGOD DISTRICT67131, ADDL.R4 IS IMPLEADED AS PER ORDER

IN120032013 DATED49.2013. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0409-2013,ALONG WITH WP(C) NO.21126/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 21125 of 2013 (M) ---------------------------- APPENDIX --------- PETITIONER(S)' EXHIBITS ----------------------- EXT.P1: COPY OF CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REGISTRATION NO.KL58E7985 EXT.P2: COPY OF CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REGISTRATION KL-57-3796. EXT.P3: COPY OF THE PASS BEARING NO.2141567 DATED138.2013 ISSUED TO VEHICLE BEARING NO.KL58E7985 EXT.P4: COPY OF THE PASS BEARING NO.2154177 DATED168.2013 ISSUED TO VEHICLE BEARING NO.KL573796. RESPONDENT(S)' EXHIBITS : NIL ----------------------- / TRUE COPY / P.A. TO JUDGE VK P.R. RAMACHANDRA MENON, J.

:::::::::::::::::::::::::::::::::::::::::::::::: W.P.(C). Nos. 21125 & 21126 of 2013 ...................................................... Dated this the 4th day of September, 2013 JUDGMENT

Petitioners are owners of the the lorries bearing Nos. KL58E7985 KL573796 and KA12A6298 On 18.08.2013, when the vehicles were transporting sand from Karnataka to Kerala with permit valid only in Karnataka State, the 3rd respondent seized the vehicles alleging violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Now the vehicles are in the custody of District Collector, Kasaragod. On enquiry, it was revealed that, it would take 6 months to finalize the proceedings and hence the writ petition to release the vehicles.

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) KHC333=2010(3)KLT413 has laid down the manner in which such applications for custody should be dealt with. As per the amended statute, the additional 4th respondent/RDO who has been impleaded in the party array as per order in I.A. Nos. 12003/2013 and 12002/2013 respectively in the above writ petitions, is the competent authority to deal W.P.C. Nos. 21125 & 21126 of 2013 -2- with the application, if any preferred, in the light of the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment referred as 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 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. W.P.C. Nos. 21125 & 21126 of 2013 -3- 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. In the said circumstance, the 2nd respondent is directed to transmit the file to additional 4th respondent/RDO, who in turn is directed to pass appropriate orders, considering the claim for interim custody of the vehicles as mentioned above, within 'two weeks' and finalize the adjudication proceedings in accordance with law, within 'six weeks' thereafter. If the offence is established, appropriate steps for prosecution shall also be pursued in terms of the decision rendered by the Division Bench of this Court in Sujith V State of Kerala (2012 (2) KLT547. The petitioners shall produce a copy of this judgment along with a copy of the concerned Writ Petition before the additional 4th respondent for appropriate action. P.R. RAMACHANDRA MENON, JUDGE. kp/-