Court directed petitioner to deposit 30% of vehicle value plus security (Bank Guarantee/immovable property) for interim custody, rejecting respondents' claim that full payment is required before interim relief.
Petitioner directed to deposit 30% of vehicle value and provide security for balance; writ petition disposed with directions to parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936
WP(C).No. 35452 of 2014 (F)
PETITIONER(S):
VARGHESE T.D., AGED 38 YEARS, S/O.DEVASSIA, THEKKEL HOUSE, EDAVAKA. P.O., KALLODY, MANANTHAVADY TALUK, WAYANAD DISTRICT.
BY ADV. SRI.P.V.VARGHESE (KANJIRAMATTOM).
RESPONDENT(S):
1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM - 695 001.
2. THE DISTRICT COLLECTOR, WAYANAD DISTRICT, CIVIL STATION, KALPATTA - 673 701.
3. THE SUB DIVISIONAL MAGISTRATE AND SUB COLLECTOR, (REVENUE DIVISIONAL OFFICER), MANANTHAVADY - 670 645, WAYANAD DISTRICT.
4. SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, MANANTHAVADY - 670 645, WAYANAD DISTRICT.
BY SR. GOVT. PLEADER SRI.K.C. VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 35452 of 2014 (F)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1: | TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.840/2014. |
|---|---|
| EXT.P2: | TRUE PHOTOSTAT COPY OF THE SEIZURE MAHASAR. |
| EXT.P3: | TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 13/10/2014 IN WP(C).NO. 26398/2014. |
| EXT.P4: | TRUE PHOTOSTAT COPY OF THE ORDER DATED 18/12/2014 ISSUED BY 3RD RESPONDENT RDO. |
| EXT.P5: | TRUE PHOTOSTAT COPY OF THE REVISION BEFORE THE 2ND RESPONDENT WITHOUT ANNEXURE. |
| EXT.P6: | TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 27/10/2014 IN WP(C).NO.27983/2014. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.R. RAMACHANDRA MENON, J.
W.P(C)No.35452 OF 2014
......................................................................... Dated this the 8th January, 2015
J U D G M E N T
The petitioner is the owner of the vehicle bearing No.KL.10N.1332, which was seized allegedly for illegal transportation of river sand , as borne by Ext.P1 FIR and Ext.P2 Mahazar. The petitioner approached this Court by filing W.P.(C) No.26398 of 2014, which was disposed of as per Ext.P3 judgment, whereby the third respondent therein/Sub Inspector of Police was directed to report the seizure of the vehicle before the concerned Magistrate's Court and also setting the petitioner at liberty to approach the Magistrate's Court , so as to enable the petitioner to get interim custody of the vehicle. The second respondent/RDO was directed to finalise the confiscation proceedings within one month, after hearing the petitioner. The case of the petitioner is that by the time, the petitioner took steps to get interim custody of the vehicle by approaching the Magistrate's Court in view of the direction contained in Ext.P3 judgment, the confiscation proceedings were finalised by the third respondent/RDO, who passed Ext.P4 order dated 18.12.2014 ordering confiscation of the vehicle with liberty to
W.P(C)No.35452 OF 2014 2
the petitioner to redeem the vehicle on satisfaction of Rs. Two lakhs, based on the valuation effected by the Sub Regional Transport Officer, Mananthavady, as per his report dated 13.11.2014. The petitioner, being aggrieved of Ext.P4, moved the second respondent/District Collector, who is the revisional authority under the Statute by way of Ext.P5 and has sought for interim custody of the vehicle, which is still to be acted upon. This made the petitioner to approach this Court seeking for appropriate directions for release of the vehicle. Reliance is sought to be placed on Ext.P6 judgment dated 27.10.2014, wherein interim custody of the vehicle was ordered to be given on satisfaction of 30% of the value of the vehicle and also on furnishing security for the balance amount either by way of Bank Guarantee or immovable property. The petitioner also seeks for similar relief in this case as well.
3
W.P(C)No.35452 OF 2014
for interim custody of the vehicle without satisfying the redemption fee as ordered in Ext.P4, which in fact has to go to 'River Management Fund'. The learned Government Pleader adds that by virtue of Section 23A(4) and (5) of the Kerala Protection of River Banks and Regulations of Removal of River Sand Act, 2001 (Act 15 of 2013), it is obligatory for the petitioner to effect the payment, which shall go to the River Management Fund and that the payment so effected to the River Management Find will be subject to the outcome of the Revision or appeal to be preferred under Sections 23B or 23C. According to the learned Government Pleader Section 23D places a bar in granting interim custody of the vehicle and as such, the relief is not liable to be entertained. This Court finds it difficult to accept the said proposition.
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W.P(C)No.35452 OF 2014
issue involved in the present case is with regard to the interim custody of the vehicle during pendency of the Revision. Section 23D obviously is with reference to the outcome on finalisiation of the proceedings, either in Revision or Appeal. As such, the version putforth by the respondents stands repelled.
The writ petition is disposed of. The petitioner shall produce
a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
P.R.RAMACHANDRA MENON JUDGE
lk
2 issues framed by the court
Whether the petitioner is entitled to interim custody of a confiscated vehicle during revision proceedings without satisfying the full redemption fee.
Whether Section 23D of the Kerala Protection of River Banks and Regulations of Removal of River Sand Act, 2001 bars the grant of interim custody.
Varghese T.D.
State of Kerala
The District Collector, Wayanad District
The Sub Divisional Magistrate and Sub Collector, Mananthavady
Sub Inspector of Police, Mananthavady
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
