Allowed

Sajir. K v. the District Collector

Kerala HC17 Jan 2023WP(C)/41248/2022

Case brief

AI extract

What is this about?

Petitioner sought direction to pay fine in installments instead of lump sum. Court held strict adherence to statute not warranted to avoid vehicle becoming junk. Directed release upon furnishing security bond and agreeing to pay in six monthly installments.

What did the court decide?

Direction to respondents to release vehicle on furnishing security bond for Rs.4,12,500/- along with sureties. Petitioner permitted to pay amount in six equal monthly installments. First installment d

Sajir. K Vs the District Collector — Land Acquisition | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 41248 OF 2022

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PETITIONER:

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SAJIR.K
AGED 35 YEARS
S/O SEYTHALAVI
KAVUNGATT HOUSE, PANTHEERANKAVU,
KOZHIKODE - 673019
BY ADVS.
ANISH ANTONY ANATHAZHATH
SUNILKUMAR M.
NIVEA K.G.

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR KOZHIKODE CIVIL STATION P.O, KOZHIKODE PIN - 673 020

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2 THE DEPUTY COLLECTOR (L.R) KOZHIKODE, CIVIL STATION P.O, KOZHIKODE - 673020

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BY ADVS.

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SHRI.B.S.SYAMANTHAK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.41248 of 2022.

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JUDGMENT

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The petitioner is the owner of a tipper lorry bearing Registration No.KL/11/BA/7869, which was seized for violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'Act' for short).

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On seizure of the vehicle, the petitioner was given an option to pay, in lieu of its confiscation, an amount of Rs.4,12,500/- being the sum equal to one and a half times the value of the vehicle seized, as determined by the 1^st respondent District Collector on the basis of the report of the Regional Transport Officer, Kozhikode.

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The petitioner submitted Ext.P2 representation before the 1^st respondent for payment of the aforesaid amount in installments, due to financial constraints. The

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W.P.(C).No.41248 of 2022.

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said request was rejected by the 1^st respondent by Ext.P3 stating that the Statute does not provide for payment of the amount determined in installments. Accordingly, the petitioner has approached this Court for direction to respondents to allow the petitioner to pay the fine amount in 15 monthly installments.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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Section 12 of the Act empowers the authorized officer to seize any vessel, vehicle or other conveyance or any implements used or purported to be used in contravention of the provisions of the Act. Section 19 empowers any officer of the Revenue Department not below the rank of village Officer or any Officer authorized by the Government in this behalf or any police officer not below the rank of a Sub- inspector to enter and search

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W.P.(C).No.41248 of 2022.

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any premises and seize any vessel, vehicle or any other conveyance or any clay, sand, earth etc., removed from the paddy land or wetland or any brick, tile made of all or any of them or machinery used or deemed to have been used for any activity in contravention of the provisions of the Act, and to submit a report regarding such seizure, whether prosecution proceedings have been initiated or not, to the District Collector having jurisdiction over that area within forty eight hours of such seizure. Section 20 of the Act reads thus:-

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20. Confiscation of vessel, vehicle, etc. -

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(1) After obtaining a report regarding seizure under Section 12 or Section 19, the "[District Collector] may, if he thinks fit, order confiscation of the object seized:

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Provided that the owner or the person in custody of the same, shall be given an option to pay, in lieu of its confiscation, a sum equal to one and a half times the value of the seized articles, as may be determined by the District Collector

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[Provided further that the District Collector may take

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W.P.(C).No.41248 of 2022.

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any action, in such manner as may be prescribed, to dispose the seized clay, sand, earth, brick, tile etc. and cause to remit the sums collected to the Fund.]

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(2) No order of confiscation under sub-section (1) shall be made by the District Collector unless the owner thereof has been given an opportunity of being heard in the matter.

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(3) No order of confiscation under sub-section (1) shall be invalid merely by reason of any defect or irregularity in the notice given under sub-section (2), if the provisions have been substantially complied with.

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(emphasis supplied)

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Section 21 of the Act deals with appeal against confiscation and Section 22 provides that the award of any confiscation under the Act by the District Collector shall not affect the infliction of any punishment to which the person affected thereby is liable under the Act. Section 23 deals with ‘penalty’ for violation of the provisions of the Act.

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Under Section 20 of the Act, once the District Collector orders confiscation of the vehicle seized, the

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W.P.(C).No.41248 of 2022.

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owner or the person in custody of the vehicle is given an option to pay, in lieu of its confiscation, a sum equal to one and a half times the value of the seized articles, as may be determined by the District Collector.

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The petitioner has not preferred any appeal under Section 21 of the Act. He has approached the District Collector for payment of the amount in lieu of confiscation as determined by the District Collector, in installments. The said request was rejected by the District Collector on the ground that the Statute does not provide for payment of the amount in lieu of confiscation, in installments.

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It is true that the Act does not provide for

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payment of the amount in lieu of confiscation as determined by the District Collector, in installments. Keeping the vehicles in custody for long period pursuant to the seizure would be of no use to the State or the

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W.P.(C).No.41248 of 2022.

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owner of the vehicle. It would only make the tow yard, usually the premises of the Revenue office or the Police station a grave yard of junk vehicles. It doesn’t enrich the exchequer and at the same time puts the owner of the vehicle in peril. When the Act provides for release of vehicle seized and confiscated, by paying a sum equal to one and a half times the value of the seized articles, as may be determined by the District Collector in lieu of confiscation, I am of the view that the vehicle confiscated can be released on payment of the amount in lieu of confiscation as determined by the District Collector, in installments and on appropriate terms and conditions.

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Accordingly, there will be a direction to the respondents to release the vehicle bearing Registration No.KL/11/BA/7869 to the petitioner on condition that he furnishes security bond before the District Collector for

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W.P.(C).No.41248 of 2022.

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the amount of Rs.4,12,500/- along with two solvent sureties for the said sum. On furnishing such security, the petitioner is permitted to pay the amount of Rs.4,12,500/- determined by the District Collector in six equal monthly installments. The first installment shall be paid on or before 01.02.2023. The petitioner shall pay the following installments on the first working day of the subsequent months. On payment of the first installment as above, the vehicle shall be released to the petitioner within one week therefrom. The petitioner shall not transfer or alienate the vehicle till the entire amount of Rs.4,12,500/- determined by the District Collector is paid and the proceeding, if any, pursuant to the seizure is over. The petitioner shall not indulge in similar activities as alleged against him. In case the petitioner commits any default in the payment of installments, petitioner shall surrender the vehicle to the respondents, or else,

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W.P.(C).No.41248 of 2022.

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the respondents will be free to seize the vehicle.

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The writ petition is disposed of with the above

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directions.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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Raj. 17.01.2023.

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W.P.(C).No.41248 of 2022.

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APPENDIX OF WP(C) 41248/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 13.12.2021 ISSUED
TO THE PETITIONER
Exhibit P2A TRUE COPY OF APPLICATION DATED
05.12.2022 SEEKING INSTALLMENTS
Exhibit P3A TRUE COPY OF THE REJECTION ORDER
ISSUED TO PETITIONER DATED 08.12.2022
BY THE 1ST RESPONDENT

Sajir. K v. the District Collector

Case brief

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Sajir. K v. the District Collector

Case brief

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What did the court decide?

What the court decided

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