Dismissed

C.Usman v. the Sub Divisional Magistrate

Kerala HC21 Jul 2017WP(C)/4642/2012

Case brief

AI extract

What is this about?

Writ petitioner challenged a confiscation order under the Kerala Protection of River Banks Act regarding illegal river sand transport. Court dismissed the petition, upheld the order, and gave one month to pay the assessed balance amount to recover the vehicle.

What did the court decide?

Petitioner granted one month to pay the balance amount of vehicle valuation; vehicle released subject to compliance.

C.Usman Vs the Sub Divisional Magistrate — Writ and Judicial Review | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 21ST DAY OF JULY 2017/30TH ASHADHA, 1939

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WP(C).No. 4642 of 2012 (E)

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PETITIONER(S):

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C. USMAN, S/O. MUHAMMED KUTTY, CHEMMALAYIL HOUSE, MARAYAMANGALAM, PALAKKAD DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS.

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RESPONDENT(S):

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1. THE SUB DIVISIONAL MAGISTRATE, OTTAPALAM-679 101.

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2. THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, PIN-670 601.

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3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-678 001.

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BY GOVT. PLEADER SRI.RON BASTIAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4642 of 2012 (E)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED 07/01/2012.

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EXT.P2 COPY OF THE FORWARDING LETTER DATED 07/01/2012 SENT BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT.

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EXT.P3 COPY OF THE APPLICATION FILED BY THE PETITIONER FOR INTERIM CUSTODY OF THE VEHICLE DATED 21/01/2012.

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EXT.P4 COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 08/02/2012.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P.(C).No.4642/2012

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Dated this the 21^st day of July, 2017

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J U D G M E N T

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The writ petition is filed challenging an order of confiscation passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner is the owner of vehicle bearing registration No.KL-51/B-5136. It was involved in illegal transportation of river sand. Having gone through the impugned order, I do not find any reason to interfere with the same. The vehicle has been released to the petitioner as per the interim order passed by the court on 24/2/2012. Therein, this court also directed the third respondent to get the vehicle valued by a competent officer. In the light of the above, the petitioner is given one month's time to pay the balance amount. The petitioner is free to produce materials before the District Collector to assess the value of the vehicle. The petitioner can also rely upon the insurance policy of the relevant time. If the petitioner fails to pay the balance amount in lieu of confiscation, the respondents shall take necessary steps in accordance with law.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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C.Usman v. the Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

C.Usman v. the Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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