Disposed

Prasanth v. the District Collector and Another

Kerala HC1 Jul 2016WP(C)/6660/2010

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order releasing a country boat after fixing a penalty. The court noted that the challenged order was already revised by the respondent. Therefore, the writ petition was closed without any substantive adjudication on the legal merit.

What did the court decide?

The writ petition is closed on the ground that the impugned order has already been revised.

Prasanth Vs the District Collector and Another — Property and Title | Kerala HC (2016)

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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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FRIDAY, THE 1ST DAY OF JULY 2016/10TH ASHADHA, 1938

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WP(C).No. 6660 of 2010 (F)

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PETITIONER(S):

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PRASANTH, S/O.PURUSHAN. AGED 26 YEARS, PERINGADATH HOUSE, CHANTHADAM, THURUTHIPPURAM P.O, ERNAKULAM DISTRICT.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, POUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT.

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R BY SRI.JIBU P.THOMAS, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6660 of 2010 (F)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE ANNUAL LICENSE ISSUED FOR THE COUNTRY BOAT OF THE PETITIONER BY THE CANAL OFFICER, KODUNGALLUR DATED 25.05.2009.

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EXT.P2: COPY OF THE JUDGMENT DATED 5.2.2010 IN W.P.(C) NO.3815/2010 PASSED BY THIS HONOURABLE COURT.

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EXT.P3: COPY OF THE ORDER NO.10-72174/2009 DATED 8.1.2010 PASSED BY THE 1ST RESPONDENT.

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EXT.P4: COPY OF THE INTERIM ORDER DATED 5.11.2009 IN WP(C) NO.30021/2009 PASSED BY THIS HONOURABLE COURT.

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EXT.P5: COPY OF THE ORDER NO.K.DIS.27820/09/L.10 DATED 23.6.2009 PASSED BY THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

P.V.ASHA, J.

W.P.(C).No.6660 of 2010

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Dated this the 1^st day of July, 2016 J U D G M E N T

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The petitioner challenges Ext.P3 order dated 08.01.2010 by which a country boat was released to the petitioner fixing a penalty of a sum of 50,000/- (Rupees fifty thousand only).₹ The country boat was seized as it was involved in illegal transaction of river sand. As per Ext.P3, the District Collector stated that even though confiscation of the country boat was required, since the said country boat was involved in the offence for the first time, a sum of 50,000/- would be fixed as₹ penalty and if the amount is deposited with the river management fund, the country boat would be released to the owner.

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The learned Government Pleader on instructions submits that in the light of the judgment of this Court in W.A.No.2578 of 2009, petitioner's case was considered and the Assistant Engineer, Canal Section, Ernakulam assessed the value of the country boat in order to finalize the proceedings. Accordingly, on 08.03.2010 the Assistant Engineer Canal Section reported the value of the country boat as 21,000/-. Accordingly, it is pointed out that the petitioner₹

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W.P.C.No.6660/2010

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was directed to remit a sum of 10,500/- which is ½ the value₹ of the country boat to get it released after executing necessary bond for the balance amount, failing which, the petitioner was informed that the boat would be confiscated.

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In the above circumstances, the case projected by the petitioner in this writ petition does not survive as the order Ext.P3 is already revised. Recording the submission of the learned Government Pleader, this writ petition is closed.

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Sd/- (P.V.ASHA, JUDGE)

/TRUE COPY/

P.A.TO JUDGE

W.P.C.No.6660/2010 3

Prasanth v. the District Collector and Another

Case brief

What is this about?

What did the court decide?

Prasanth v. the District Collector and Another

Case brief

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