RIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the owner of a mini tipper lorry bearing registration No.KL-07/BD 4495 challenging the constitutional validity of rules 27 and 28 of the Kerala River Banks and Regulation of Removal of Sand Rules, 2002, hereinafter called "Rules, 2002 "; a writ of mandamus to the District Collector, Alappuzha - 2nd respondent, to produce the files relating to Exhibit P1 order of confiscation passed under the Rules, 2002 and quash the same by issuing a writ of certiorari; and for an order to conduct investigation by appropriate authority into Exhibit P5 complaint filed by the petitioner before the 2nd respondent.

(2.) Brief material facts for the disposal of the writ petition are as follows; The vehicle above belonging to the petitioner was taken into custody by the Sub-Inspector of Police- 3rd respondent on 18/8/2012 alleging transportation of river sand without a pass from the appropriate statutory authority. Based on the same, Exhibit P2 FIR was registered. While so, confiscation proceedings were undertaken by the District Collector and passed Exhibit P1 order confiscating the vehicle belonging to the petitioner, however, with an option for the petitioner to pay an amount of Rs.4,10,000.00 instead of the order of confiscation. It is thus challenging the legality and correctness of Exhibit P1 order of District Collector basically the writ petition is filed. Petitioner has also challenged rules 27 and 28 of the Rules, 2002, whereby the procedure for confiscation of vehicles and sale of the vehicle respectively are prescribed.

(3.) In so far as the issue with respect to the seizure and confiscation of the vehicle, it is submitted that there was no analysis of sand samples allegedly taken from the lorry and Exhibit P1 order is not specific or clear whether the sand is river sand or not. It is also submitted that the District Collector has not taken any advice from the appropriate scientific agency to identify the nature of the sand. It is also submitted that the District Collector has not cared to verify Exhibits P6 and P8 reports of the Tahsildar, Cherthala and therefore, Exhibit P1 order passed without taking into consideration the entire aspects of the matter, is illegal and arbitrary, liable to be interfered with by this Court.