Disposed

Sivasankaran v. the State of Kerala and Another

Kerala HC18 Oct 2016WP(C)/21636/2010

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging an order imposing a deposit for vehicle seizure due to alleged illegal sand transportation. The Court directed the District Collector to decide on the petitioner's request for modification of the deposit amount within two months.

What did the court decide?

The District Collector directed to pass orders on the representation for modification of the deposit amount within two months.

Sivasankaran Vs the State of Kerala and Another — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 18TH DAY OF OCTOBER 2016/26TH ASWINA, 1938

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WP(C).No. 21636 of 2010 (D)

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PETITIONER :

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SIVASANKARAN, S/O. KRISHNANKUTTY, VANUVAPPADATH HOUSE, PALEMAD P.O., SANKARANKULAM, EDAKKARA (VIA), NILAMBUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.SAMSUDIN

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM-676 505.

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2. THE DISTRICT COLLECTOR, MALAPPURAM-676 505.

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R1 & R2 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.21636/2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1	COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE.
P2	COPY OF THE FINAL ORDER DATED 11/05/2010 PASSED BY THE 2ND RESPONDENT.
P3	COPY OF THE REQUEST DATED 19/05/2010 FOR RECONSIDERING THE ISSUE.

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RESPONDENT'S EXHIBITS:	NIL

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/TRUE COPY/ P.A.TO JUDGE

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sts

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P.V.ASHA J.

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--------------------------------------------

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W.P.(C) No.21636 of 2010

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--------------------------------------------- Dated this the 18^th day of October, 2016

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J U D G M E N T

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The petitioner has filed this writ petition challenging Ext.P2 order by which the vehicle No.KL-11-A 6135 was seized alleging illegal transportation of river sand and the petitioner was directed to remit a sum of Rs.1,50,000/- to the River Management Fund under Rule 27(3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002.

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The petitioner submits a representation Ext.P3 was submitted on 19.05.2005 before the District Collector requesting to release the vehicle. When this writ petition was admitted on 12.07.2010, this Court passed an interim order directing to release the vehicle to the petitioner on depositing a sum of Rs.75,000/- and on furnishing a bond for the remaining amount to the satisfaction of the District Collector on condition that the petitioner shall not transfer or part away with the possession of the vehicle during the pendency of the writ petition.

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In Ext.P3 application before the District Collector, petitioner has pointed out that the valuation of the vehicle is

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W.P.(C) No.21636 of 2010

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excessive and the direction based on that, to remit a sum of Rs.1,50,000/- may be revised. On a perusal of Ext.P2, it is seen that the order passed by the District Collector was after hearing the petitioner and on finding that the pass which was produced by the petitioner did not specify the time for which the pass was issued. The contention raised by the petitioner is that the sand was originally transported in another vehicle and therefore the records could not be produced at the time of seizure. But subsequent to that at the time of hearing the District Collector has found that the time for which the pass was issued was not recorded in the said pass produced by the petitioner. It was thereupon the District Collector proceeded to issue orders for release of the vehicle, in accordance with Sub Rule 3 of Rule 27 of the Rules, 2002 directing to remit a sum of Rs.1,50,000/- towards the River Management Fund.

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This Court had already directed the petitioner to deposit a sum of Rs.75,000/- on conditions. Since the petitioner has submitted a representation Ext.P3 for modification of the amount to be deposited to the River Management Fund, the District Collector shall pass orders on Ext.P3 within a period of two months from the date of receipt of copy of the judgment.

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W.P.(C) No.21636 of 2010

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The interim order passed by this Court on 12.07.2010 shall

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continue to be in force till such time.

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This writ petition is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE.

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Sivasankaran v. the State of Kerala and Another

Case brief

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Sivasankaran v. the State of Kerala and Another

Case brief

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