Dismissed

Ravi O.R. v. State of Kerala

Kerala HC3 Oct 2017WP(C)/1050/2012

Case brief

AI extract

What is this about?

The Court dismissed the writ petition challenging a Sub Collector’s order under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, regarding detention of a vehicle for alleged unauthorized river sand transport. Upholding the lower order due to lack of evidence proving legality of sand stocking.

What did the court decide?

The writ petition was dismissed. Respondents directed to take appropriate measures to confiscate the vehicle or enforce payment of fine if it was not released by the petitioner.

Ravi O.R. Vs State of Kerala — Environment and Pollution | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:-

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939

¶5

W.P(C).No.1050 of 2012 (E)

¶6

PETITIONER(S):-

¶7

RAVI O.R., ORUMBAKEAL HOUSE, KUNJITHANNY P.O., VELLATHUVAL, IDUKKI.

¶8

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN

¶9

RESPONDENT(S):-

¶10

1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶11

2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM - 682 011.

¶12

3. THE SUB COLLECTOR,

¶13

DEVIKULAM, IDUKKI -685 601.

¶14

4. THE SUB INSPECTOR OF POLICE, RAJAKKAD POLICE STATION, IDUKKI-685 601.

¶15

R1 TO R4 BY STATE ATTORNEY SRI.K.V.SOHAN R1 TO R4 BY GOVERNMENT PLEADER SMT.A.C.VIDHYA.

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

¶17

W.P.(C) NO.1050 OF 2012

¶18

APPENDIX

¶19

PETITIONER(S) EXHIBITS:-

¶20

EXHIBIT P1. TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-06-E-784. EXHIBIT P2. TRUE COPY OF SEIZURE MAHASSAR DATED 17/09/2011. EXHIBIT P3. TRUE COPY OF FIR IN CRIME NO.433/2011 OF RAJAKKAD POLICE STATION. EXHIBIT P4. ORDER DATED 22/12/2011 OF SUB COLLECTOR, DEVIKULAM.

¶21

RESPONDENTS' EXHIBITS:-

¶22

----------------------NIL.

¶23

Vku/[ true copy ]

¶24

K. Vinod Chandran, J.

¶25

--------------------------------------W.P.(C).No.1050 of 2012-E

¶26

--------------------------------------Dated this the 03^rd day of October, 2017

¶27

JUDGMENT

¶28

None appears for the petitioner when the matter was taken up for hearing.

¶29

The petitioner is concerned with Exhibit P4 order passed by the Sub Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 [for brevity “Sand Act”]. The Pick Up Jeep, bearing registration No.KL-06E-784, was detained on allegation of unauthorised transportation of river sand. Proceedings for confiscation of the vehicle was taken, in which the brother of the registered owner participated.

¶30

It was admitted that the sand transported was river sand. The contention was that it was not extracted from any river and was transported from one site to another for stocking. There was absolutely no document produced to establish that the river sand stocked in one site was kept there on a valid pass. There was no document produced to evidence the legality of such stocking of river

¶31

WP(C) No.1050 of 2012 - 2 -

¶32

sand, which, definitely, could be stocked only by extraction from a

¶33

river. In such circumstances, Exhibit P4 cannot be interfered with.

¶34

The writ petition would stand dismissed. There was an

¶35

interim order directing interim custody of the vehicle to the petitioner on conditions. If the vehicle has been got released by the petitioner, the respondents shall take appropriate measures to confiscate the

¶36

vehicle or enforce payment of the fine as levied in the order.

¶37

Ordered accordingly. Parties are left to suffer their

¶38

respective costs.

¶39

Sd/-

¶40

K.Vinod Chandran Judge.

¶41

vku/-

¶42

[ true copy ]

Ravi O.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ravi O.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendran P.P. Vs Indusind Bank Ltd.

Jebbar M.J. Vs State of Kerala

Abdul Kabeer Vs Airports Authority of India

Sheela Sebastian Vs Dr.Usha Titus

G.Babu Vs G4S Security Service India Pvt. Ltd.

Narayanan Potti Vs the Special Deputy Tahsildar (Rr)