Dismissed

Sunil Kumar C. v. State of Kerala

Kerala HC17 Feb 2014WP(C)/3320/2014

Case brief

AI extract

What is this about?

The Court addressed a writ petition seeking release of a seized motor vehicle used in sand transport. It quashed a District Collector's confiscation order, clarified jurisdiction lies with the Revenue Divisional Officer, and mandated vehicle release upon deposit of 30% value and security.

What did the court decide?

Quashed District Collector's confiscation order; directed RDO to release vehicle upon 33% deposit and security; directed fresh proceedings within two months.

Sunil Kumar C. Vs State of Kerala — Property and Title | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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MONDAY, THE 17TH DAY OF FEBRUARY 2014/28TH MAGHA, 1935

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WP(C).No. 3320 of 2014 (L)

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PETITIONER(S):

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SUNIL KUMAR C. AGED 36 YEARS S/O. BALAKRISHNAN M., BELAYI, BEDADKA P.O. KASARAGOD DISTRICT.

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BY ADVS.SRI.T.K.AJITH KUMAR

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SRI.P.VINODKUMAR SRI.K.T.SIDHIQ SRI.RAJAN VELLOTH SMT.SMITHA GEORGE

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY S.I. OF POLICE, BEDAKAM KASARAGOD DISTRICT-673 602.

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ADDL.R2. THE DISTRICT COLLECTOR, KASARAGOD, PIN-671121.

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ADDL.R3. THE REVENUE DIVISIONAL OFFICER, KANHANGAD, HOSDURG(PO), KASARAGOD DT,PIN-671315.

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ADDL.R2 AND R3 ARE IMPLEADED VIDE ORDER DATED 17.2.2014 IN IA.NO.2220 OF 2014 IN WP(C)NO.3320 OF 2014.

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BY SRI.K.C.VINCENT, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3320 of 2014 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE ORDER DATED.6.5.2013 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD IN CMP NO.3522/2013.

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EXHIBIT P2 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CRL.MC NO.397/2014 DATED.10.1.2014.

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EXHIBIT P3 : TRUE COPY OF THE OFFICIAL MEMORANDUM DATED.24.1.2014 ISSUED BY THE JUDICIAL FIRST CLASS, MAGISTRATE, KASARAGOD.

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RESPONDENT(S)' EXHIBITS NIL

R.AV

//TRUE COPY//

PA TO JUDGE

P.N.RAVINDRAN, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=

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W.P.(C)No.3320 of 2014

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=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17^th day of February, 2014

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JUDGMENT

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The petitioner is a registered owner of a motor vehicle bearing registration No.KL-14-K-3217. It was seized by the Sub Inspector of Police, Bedakam Police Station on 15.3.2012 on the allegation that it was used to transport river sand without a valid permit. Thereupon Crime No.95/2013 of Bedakam Police Station was registered against the petitioner. The petitioner thereafter moved the Court of the Judicial Magistrate of First Class by filing C.M.P.No.3522 of 2013 and by order passed on 6.5.2013, a copy of which is on record on Ext.P1, the Court of the Judicial Magistrate of First Class-I, Kasaragod directed release of the vehicle by way of interim custody to the petitioner on the terms and conditions stipulated therein. The operative portion of the said order reads as follows:-

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“4. In the result the petition is allowed as follows:

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(i) Petitioners shall execute bond for ` 6,25,000/with two solvent sureties for sum each.

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(ii) He shall deposit ` 1,87,500/- before this court in cash before executing the bond.

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(iii) He shall produce properties security or bank

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W.P.(C)No.3320 of 2014

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guarantee for an amount of ` 4,37,000/before this court.

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(iv) He shall not use or cause the said vehicle to be used for any unlawful activities.

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(v) He shall produce back the same as and when directed.

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(vi) The petitioner shall unload the sand in the premises of Bedakam Police Station or any other place as may be decided by the SHO, Bedakam Police Station.”

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The petitioner challenged that order by filing Crl.M.C. No.397 of 2014 in this Court. By Ext.P2 order passed on 10.1.2014

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a learned single Judge of this Court allowed the criminal miscellaneous case by deleting condition Nos.(ii) and (iii) extracted above. This writ petition is filed contending that notwithstanding Ext.P2 order passed by this Court, the respondent has not so far released the vehicle to him though he has complied with all the other stipulations in Ext.P1 order. In this writ petition the petitioner prays for an order directing the respondents to release the motor vehicle bearing registration No.KL-14-K-3217 to him forthwith.

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When the writ petition came up for hearing today, Sri.K.C.Vincent, learned Senior Government Pleader appearing for the State of Kerala submitted that the District Collector, Kasaragod has already passed an order on 1.10.2013, confiscating the petitioner's vehicle and that was the reason why the vehicle was not released to him. The learned Government Pleader also very fairly submitted that the competent authority who can pass an order of

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W.P.(C)No.3320 of 2014

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confiscation under section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is the Revenue Divisional Officer and not the District Collector, that the District Collector is the appellate authority and therefore, the order of confiscation passed by the District Collector may be set aside and the Revenue Divisional Officer directed to pass fresh orders in the matter after affording the petitioner an opportunity of being heard. The learned Government Pleader also invited my attention to the decision of a Full Bench of this Court in Shan C.T. v. State of Kerala [2010 (3) KLT 413] and submitted that interim custody of vehicle can be given only on deposit of 30% of the value of the vehicle as determined by the competent authority under the Motor Vehicles Act and on furnishing security by way of bank guarantee or immovable property for the balance amount and therefore, the direction to the contrary issued by a learned single Judge of this Court in Ext.P2 order cannot operate. In the light of the said submission, I dispose of the writ petition with the following directions:-

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i) The order passed by the District Collector, Kasaragod on 1.10.2013, ordering confiscation of vehicle bearing registration No.KL-14-K-3217 shall stand quashed.

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ii) The Revenue Divisional Officer, Hosdurg, shall on the

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W.P.(C)No.3320 of 2014

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petitioner moving an application for interim custody, release the vehicle by way of interim custody on the petitioner depositing 1/3^rd of the value of the motor vehicle as determined by the competent authority under the Motor Vehicles Act and on furnishing security for the balance amount either by way of bank guarantee or immovable property. The vehicle shall be released on the day the deposit is made and the bank guarantee or immovable property is furnished as security.

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iii) The Revenue Divisional Officer shall thereafter pass fresh orders in the matter and conclude the proceedings initiated against the petitioner under section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 expeditiously and in any event within an outer limit of two months from the date of grant of interim custody.

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iv) The Revenue Divisional Officer shall if he finds that the petitioner has willfully violated the provisions contained in the Kerala Conservation of Paddy Land and Wet Land Act, 2008, take steps to prosecute him as directed by this Court in Sujith v. State of Kerala [2012 (2) KLT 547].

Sd/-

P.N.RAVINDRAN

JUDGE

vpv

Sunil Kumar C. v. State of Kerala

Case brief

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Sunil Kumar C. v. State of Kerala

Case brief

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