ALBY Vs. DISTRICT COLLECTOR ERNAKULAM DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner who is the owner of the Tata Ace bearing Registration No. KL-42-C-9436 which was seized on 23.01.2011.

(2.) THE allegation against the petitioner is that, the vehicle was seized for violating the provisions of the Kerala Protection of River Bank Act and Regulation of Removal of Sand Act.

(3.) IT is stated that thereafter by Ext. P3 order dated 18.07.2011, the revision petition was disposed of by the District Collector, wherein 30% of the value of the vehicle was directed to be deposited for interim release. The sand, was also directed to be reverified for ascertaining the type of sand. It is also stated therein that if the sand is found to be river sand, the entire value of the vehicle already fixed by the Sub Divisional Magistrate shall be realised from the vehicle owners in the manner provided in Sand Act. In case the sand appears to be ordinary sand, the proceedings shall be initiated as per the provisions of the Mines and Minerals Development and Regulation Act and Kerala Miner Mineral Concession Rules, 1967.