Writ petition regarding illegal seizure of a vehicle transporting sand was dismissed due to document discrepancies suggesting the violation fell under the Sand Act.
No release of the vehicle or goods; respondents to expedite proceedings under Section 20 of the Sand Act.
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 K.VINOD CHANDRAN
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
WP(C).No. 18162 of 2016 (U)
PETITIONER(S):
ANISH S/O.RAGHAVAN, AGED 3O YEARS, VALIYA VEETTIL, BATHERI, WAYANAD DISTRICT.
BY ADVS.SRI.T.H.ABDUL AZEEZ SMT.A.C.ARFANA
RESPONDENT(S):
1. REVENUE DIVISIONAL OFFICER (R.D.O) KANHANGAD, KASARAGODE DISTRICT-671531.
2. THE SUB INSPECTOR OF POLICE CHANDERA POLICE STATION, KALIKKADAVU, KASARAGODE DISTRICT-671543.
R BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18162 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 TRUE COPY OF THE CIRCULAR NO. 58289/P3/2010/REVENUE DATED 11-11-2010 ISSUED BY THE REVENUE DEPARTMENT OF 1ST RESPONDENT.
EXT.P2 TRUE COPY OF THE INVOICE NUMBER 9865 DATED 15-5-2016 ISSUED BY THE DEALER, APARNA ENTERPRISES TO THE PETITIONER'S VEHICLE NO. KA 01 AB 9793.
EXT.P3 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE KERALA COMMERCIAL TAX DEPARTMENT, TAX CHECKPOST BANGARA MANJESWARAM TO PETITIONER'S VEHICLE NO. KA O1 AB 9793.
EXT.P4 TRUE COPY OF THE ORDER DATED 8-1-2015 IN WPC NO. 30516/2015 L.
RESPONDENT(S)' EXHIBITS:
NIL
// TRUE COPY //
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.18162 of 2016 - U
======================
Dated this the 10th day of June, 2016
J U D G M E N T
The petitioner is concerned with the seizure of his vehicle bearing Registration No.KA-01-AB-9793. The petitioner's
contention is that the vehicle was transporting river sand from the State of Maharashtra to the State of Kerala. The petitioner
relies on Ext.P1 Circular to contend that the seizure and detention of the vehicle is illegal.
Ext.P1 will not be applicable as of now, since the provisions under the Mines and Mineral (Development and Regulation) Rules,1967 were superseded by the Rules of 2015. The learned Government Pleader also points out Rule 107 of the Kerala Minor Mineral Concession Rules, 2015 (for brevity KMMC Rules), which
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W.P.(C) No.18162 of 2016 - U
speaks of import of sand, wherein the dealer transporting the sand from outside the State is required to show evidence of the royalty having been paid in the State, from which the transport is made. The learned Government Pleader also would refer to Rule 25 of the Kerala Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 to contend that any transport has to be effected only with Form O(A) and Form O(B).
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W.P.(C) No.18162 of 2016 - U
the quantity of goods transported as 400C.F.T, Ext.P3/1 Form 8F of declaration shows the quantity as 300 C.F.T, Ext.P32 delivery note shows a quantity of 500 C.F.T.
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W.P.(C) No.18162 of 2016 - U
under Section 20 and the petitioner, if desirous shall be entitled
to invoke the proviso to Section 20.
The writ petition hence would stand dismissed, with
the above directions. No costs.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/10/06/2016
// true copy //
P.A to Judge.
1 issue framed by the court
Whether the petitioner can claim release of seized vehicle and goods given discrepancies in transported sand quantity and documents.
1 provisions across 1 enactments
Anish
Revenue Divisional Officer Kanhangad
Sub Inspector of Police Chandara
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
