JOHNSON Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Seizure of the vehicles belonging to the petitioners, alleging violation of the relevant provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, is the subject-matter of challenge in this writ petition. Particulars of the petitioners and their vehicles are given below in a tabulated form, for convenience of reference.

(2.) Heard the learned Government Pleader as well, who submits that the vehicles had actually taken to the concerned Kadavu and it was with intent to have illegal excavation and transportation of river sand. The time of interception and the factual background is revealed from Ext. P9 Seizure Mahazar. The learned Government Pleader further points out that, by virtue of the mandate under Section 12(6) and Section 15(2), the scheme of the Statute does not contemplate any vehicles to be taken to the Kadavu in contravention of the said provisions. As such, even if the version of the petitioners is to be accepted, that the vehicles were taken for the purpose of taking a 'U' turn, such course is not permissible under the Act. The learned Government Pleader also points out that, when the seizure was effected, altogether 'eight' vehicles belonging to the petitioners were available at the spot and there was no need or necessity for taking all the said vehicles to the Kadavu, merely for taking 'U' turn at the same time.

(3.) The learned counsel for the petitioners submits with reference to Rule 17(m) and (n) that it is for the concerned local authorities to install necessary pillars/check posts to prevent the entry of the vehicles which has not been effected by the authorities and there was no complaint as well from the local authorities. But, merely for the reason that there is a failure or lapse on the part of the local authority in installing pillars or check posts, insofar as there is no challenge against the statutory prescription under Section 12(6) and Section 15(2), the petitioners cannot be heard to say that they are justified in taking the vehicles to the Kadavu in contravention of the statutory provision.