Disposed

Biju K.M. v. District Collector

Kerala HC14 Jul 2017WP(C)/4909/2011

Case brief

AI extract

What is this about?

This court allowed the petitioner to file a belated appeal before the District Collector against a sand confiscation order. The judgment directs the Collector to entertain the appeal within a specified period and continue the interim release of the vehicle while the appeal is pending.

What did the court decide?

The petitioner is directed to move the District Collector within two weeks to file the appeal, with a one-month extension for disposal.

Biju K.M. Vs District Collector — Environment and Pollution | 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 14TH DAY OF JULY 2017/23RD ASHADHA, 1939

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WP(C).No. 4909 of 2011 (K)

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PETITIONER :

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BIJU K.M., AGED 37 YEARS,S/O.KUNHIRAMAN, KUTTOTH MEETHAL, KUNNUTHARA P.O., KOYILANDY VIA., KOZHIKODE DISTRICT.

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BY ADV. SRI.P.V.KUNHIKRISHNAN

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, KOZHIKODE-673 020

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2. SUB DIVISIONAL MAGISTRATE, KOZHIKODE-673 020.

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3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT. PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.4909/2011

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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 BEARING REGISTRATION NO.KL-56-5741.

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P2 COPY OF THE SEIZURE MAHAZAR PREPARED BY THE JUNIOR SUPERINTENDENT OF COLLECTOR, KOZHIKODE DATED 13/8/2010

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P3 COPY OF THE ORDER NO.9396/2010 DATED 7/10/2010 OF 2ND RESPONDENT

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P4 COPY OF THE ORDER DATED 22/12/2010 OF THE 2ND RESPONDENT

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

A.MUHAMED MUSTAQUE, J. =========================

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W.P.(C).No.4909/2011

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Dated this the 14^th day of July, 2017

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J U D G M E N T

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The petitioner filed this writ petition in the year 2011 challenging an order of confiscation passed by the Sub Divisional Magistrate under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner's vehicle bearing registration No.KL-56/5741 was ordered to be confiscated for illegal transportation of sand. The vehicle has been released pursuant to the interim order passed by this court on 17.2.2011, on deposit of half of the amount in Ext.P4 demand and on furnishing security. The vehicle has been valued at Rs.4 lakhs. The petitioner now wants to prefer an appeal before the District Collector. The learned Government Pleader opposed the said prayer.

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However, taking note of the circumstances, if the petitioner

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moves an application within two weeks from the date of receipt of a copy of this judgment before the District Collector, the District Collector shall

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 WPC 4909/2011

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-:2:-

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entertain the appeal and dispose of the same as though it was filed within time within a further period of one month. The interim order passed in this matter will continue till the District Collector passes an order on the appeal to be filed by the petitioner. However, if the petitioner fails to move the appeal within the time granted by this court, and if the District Collector passes an order adverse to the petitioner, the respondents are free to proceed

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against the petitioner 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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Biju K.M. v. District Collector

Case brief

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Biju K.M. v. District Collector

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