Santhosh v. the District Collector, Trichur
Case brief
What is this about?
The Court disposed of four connected writ petitions challenging orders under the Kerala Protection of River Banks and Regulation of Sand Act, 2001. The District Collector had ordered confiscation/capture of bullock carts and bullocks used for unauthorized sand transportation. The Court held that confiscation of bullocks is impermissible and set aside only the order regarding bullocks.
What did the court decide?
The order of confiscation of the bullocks in the impugned orders was set aside.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
WP(C) NO. 18593 OF 2010
PETITIONERS:
- 1 SANTHOSH
| PADINJARAE HOUSE, KANNAMBRA VILLAGE. | |
|---|---|
| 2 | DASANKUTTY S/O.NARAYANAN |
| THOTTAMKUNNATH HOUSE, KUNNAMPULLY DESAM,, PAZHAYANNUR. |
|
| 3 | CHANDRAN S/O.MUTHU MADATHIL HOUSE THOTTUPALAM, KANNAMBRA VILLAGE. |
| 4 | DEVADAS S/O.GOPALAN ILLINGAL HOUSE, KALLEPADAM, PAZHAYANNUR. |
| 5 | JAYAN S/O.CHANDRAN ERUVATHADATHIL HOUSE, KALLEPADAM, PAZHAYANNUR. |
| 6 | BABU S/O.CHAMIAR PUTHUPARAMBIL HOUSE, KUNNAMPULLY DESAM,, PAZHAYANNUR. |
| 7 | PRAKASAN S/O.BHAVADAS |
| ILLINGAL HOUSE, KALLEPADAM, PAZHAYANNUR. | |
| 8 | SASI S/O.CHAMIAR PUTHUPARAMBIL HOUSE KUNNAMPULLY DESAM, PAZHAYANNUR. |
| 9 | ABDUL KADAR S/O.ISMAIL ALAMKUNNU, KALLEPADAM. |
| 10 | NOOR MUHAMMED S/O.SAID MUHAMMAD THENGINKADU, PLANJANPADAM, PUTHUKODE. |
| 11 | YOUSEF S/O.IBRAHIM POOTAL HOUSE CHANTHAPURA, PATTOLA DESOM. |
| 12 | MUHAMMED KUTTY S/O.KOYAKUTTY PATHANAPURAM HOUSE, KAVASSERY. |
| 13 | HAMSA S/O.SAITHAVAN PUTHENPURA HOUSE, ULIKUTHAPADAM,, THEKKEPARA. |
| 14 | JALALUDHIN S/O.ABDUL RAHIMAN PALAT HOUSE, KALLEPADAM. |
| 15 | MOHANAN S/O.UNNI CHETTIYAR THAZHATH HOUSE, KALLEPADAM, PAZHAYANNUR. |
| 16 | CHANDRAN S/O.ERALAPPAN PILLAI NALUPURAKKAL HOUSE, KALLEPADAM, PAZHAYANNUR. |
| 17 | RAMESH S/O.SREEDHARAN PALLATH HOUSE, PEZHAMCHIRA, KUTHAMBULLY,, PAZHAYANNUR. BY ADV P.C.SASIDHARAN |
Issues for consideration
2 issues framed by the court
Whether the District Collector can order confiscation of bullocks along with bullock carts under the Kerala Protection of River Banks and Regulation of Sand Act, 2001.
Whether the order of confiscation of bullocks in impugned orders is sustainable in light of previous precedent.
Parties & counsel
- petitioner
SANATHOSH and others
- petitioner
RAJAN KILLINIYIL VEEDU and others
- petitioner
CHANDRAN and others
- petitioner
MUHAMMED and others
- respondent
THE DISTRICT COLLECTOR THRISSUR
- respondent
Case details
As recorded by the court registry
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