MOIDEENKUTTY K.K. Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THE petitioner's vehicle was seized alleging unauthorised transportation of river sand. By Ext.P2 proceedings the Sub Divisional Magistrate ordered confiscation of the vehicle under Section 23A(3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Amendment Ordinance 2010. The same is under challenge in this writ petition.

(2.) THE petitioner has been contending throughout that the item transported is not river sand but quarry waste, viz. 'Matti manal' from the property of one Jithesh, S/o. Rajan, Raimangalam P.O., Palakkad. It was submitted that the said aspect was not considered. Against the order Ext.P2, the petitioner has filed a revision petition and seeking for release of the vehicle, this writ petition has been filed. A challenge is also made against Ext.P2 order.

(3.) THEREFORE , the allegation raised against the petitioner falls to the ground, as the sand transported is not river sand. If so, he has not committed any violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, and the confiscation order cannot be supported and it is not necessary to consider the revision petition, Ext.P5.