Disposed

M/S India Infoline Finance Ltd., v. District Collector

Kerala HC18 Nov 2019WP(C)/20129/2019

Case brief

AI extract

What is this about?

The petitioner, financier of a seized vehicle, challenged the seizure under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The Court ordered the Revenue Divisional Officer to notify the owner and take a decision on the release request after affording both parties a hearing within two months.

What did the court decide?

Directing the 4th respondent to notify the petitioner and the 3rd respondent and decide the release request after a hearing within two months.

M/S India Infoline Finance Ltd., Vs… — Constitutional and Fundamental Rights | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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WP(C).No.20129 OF 2019(M)

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PETITIONER:

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M/S INDIA INFOLINE FINANCE LTD., SANA TOWERS, M.G..ROAD, NEAR JOS JUNCTION, KOCHI-682 016, REPRESENTED BY ITS AREA MANAGER MR.SHIBU.I.S

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS:

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1 DISTRICT COLLECTOR KOZHIKODE, KOZHIKODE DISTRICT-673 020

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2 SUB INSPECTOR OF POLICE, KOORACHUNDU POLICE STATION, KOORACHUNDU, PERAMBRA TALUK, KOZHIKODE DISTRICT-673 525.

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3 MR. FARIES, 117(7/7), MADATHIL HOUSE, KOTTUR, NEAR MASJID, AVIDANALLUR, KOZHIKODE DISTRICT, PIN-673 614.

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4 THE SUB DIVISIONAL MAGISTRATE (REVENUE DIVISIONAL OFFICER), VADAKARA, KOZHIKODE DISTRICT-673 101

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5 JOINT REGIONAL TRANSPORT OFFICER, SUB DIVISIONAL TRANSPORT OFFICE, PERAMBRA, KOZHIKODE DISTRICT-673 525.

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SRI. MANURAJ K.J., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20129 OF 2019 2

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JUDGMENT

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The petitioner, which is stated to be

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the financier of a vehicle bearing registration No.KL-56J-9309 owned by the 3^rd respondent, has approached this Court offering to pay the value of the vehicle to be determined by the 4^th respondent-Revenue Divisional Officer (RDO), since it has now been seized by the said Authority on the suspicion that it has been used for purposes in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act (hereinafter referred to as 'the Sand Act' for short).

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Even though the petitioner has

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taken out notice by special messenger to

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respondent No.3 and it has been properly served, the said respondent has chosen not to be present before this Court in person or to be represented through counsel; thus inferentially guiding me to the impression that he has nothing to offer in answer to

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WP(C).No.20129 OF 2019 3

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the allegations and assertions made by the petitioner in this writ petition.

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The learned Government Pleader in

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response to the afore assertions of the petitioner, submits that without the consent of the owner of the vehicle it may not be possible for the RDO to take a final decision under Section 23 of the Sand Act and therefore, that this court may permit him to issue necessary notices to the said respondent also before taking a final decision on the request of the petitioner herein.

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Resultantly, I order this writ petition

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and direct the 4^th respondent-RDO to immediately notify the petitioner as well as the 3^rd respondent appropriately; and take a decision on the request made by the petitioner, after affording both parties an

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opportunity of being heard, as

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expeditiously as is possible, but not later

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WP(C).No.20129 OF 2019 4

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than two months from the date of receipt of a copy of this judgment.

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Needless to say, the resultant order

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will be communicated to the parties without any further delay thereafter.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/18.11.19

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WP(C).No.20129 OF 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE JOINT RTO,KOYALANDYRELATING TO VEHICLE NO KL-56J 9309 EXHIBIT P2 TRUE COPY OF THE FIRST INFORMATION REPORTED REGISTERED IN CONNECTION WITH CRIME NO 194/2015 OF KOORACHUNDU POLICE STATION EXHIBIT P3 TRUE PHOTOGRAPH OF VEHICLE NO KL-56J 9309 LYING IN THE COMPOUND OF KOORACHUNDU POLICE STATION EXHIBIT P4 TRUE COPY OF THE REQUEST FOR RELEASE OF THE VEHICLE NO KL-56J 9309 MADE BEFORE THE 1ST RESPONDENT BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE JUDGMENT MADE IN WPC NO 3068/2019 DATED 10.4.2019 EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 11.7.2019 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT FOR RELEASE OF THE VEHICLE NO KL 56J 9309 RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

M/S India Infoline Finance Ltd., v. District Collector

Case brief

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M/S India Infoline Finance Ltd., v. District Collector

Case brief

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