RAJESH K.V Vs. DISTRICT COLLECTOR, KANNUR

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Ext.P4 order passed by the 2nd respondent as per the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001, on the ground that the same is passed absolutely in violation of the statutory provision namely, Section 23A of the said Act. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the registered owner of a tipper lorry bearing Reg.No.KL-14-H 5972, a 2009 model vehicle which was put in use by entrusting the same to a driver having valid licence and badge. The 3rd respondent, on 03.06.2013, seized river sand from the vehicle of the petitioner when the driver was driving the vehicle and registered Ext.P2 FIR. Thereupon, petitioner has submitted an application under Section 451 Cr.P.C , 1973 and the Magistrate has passed Ext.P3 order dated 05.10.2013, providing interim custody of the vehicle to the petitioner on conditions subject to the confiscation proceedings if any initiated by the authority under the statue. It was further directed that the petitioner shall produce the vehicle as and when directed by the Magistrate or as directed by the confiscating authority under the statue. According to the petitioner, petitioner has maintained the vehicle in accordance with the directions issued by the Magistrate.

(3.) The 2nd respondent initiated confiscation proceedings with regard to the vehicle. The 2nd respondent was not satisfied with the explanation offered by the petitioner and has passed Ext.P4 order dated 26.03.2016, directing the petitioner to produce a demand draft for Rs. 5,50,000/- before the 2nd respondent in lieu of confiscation of the vehicle. Apparently, being aggrieved by the said order, petitioner has preferred Ext. P5 revision along with Ext. P6 application to condone the delay which was dismissed as per Ext.P7 by the revisional authority on the ground that petitioner has not submitted the application within the special limitation period prescribed under Section 23B. It was thereafter, this writ petition is filed by the petitioner.