ISMAIL M P Vs. DISTRICT COLLECTOR COLLECTORATE

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging Ext.P4 order of confiscation passed by the Sub Divisional Magistrate, Thrissur. Proceedings were initiated against the petitioner for alleged violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.

(2.) IT is averred in the writ petition that the vehicle was seized on 07.01.2011 while it was transporting sand from Karimpana kadavu to Cherplanchery. According to the petitioner, it is covered by a valid pass issued by the Panchayath namely, Ext.P1. The allegation raised against the petitioner is that there is no inter district pass to transport the sand. The petitioner is relying upon Ext.P2 circular issued by the Additional Chief Secretary directing that those vehicles carrying sand which do not possess any documents alone need be seized and it is pointed out that the seizure itself is illegal.

(3.) THEREFORE , evidently, it is a case where the petitioner produced a pass to transport sand from Thrithala Grama Panchayath in Palakkad District to Cherplachery Grama Panchayath, which was not applicable at all. There is no document to support the inter district transport. Therefore, the contention raised by the petitioner that the assumed violation is only with regard to the route through which the transport was effected cannot be accepted. Once the petitioner is not having valid pass to transport the sand from these two places, the action taken by the Sub Divisional Magistrate directing confiscation of vehicle cannot be said to be wrong.