IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 18350 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. SOBHANAN,S/O.DASAN,AGED 45, KADAMBAKKUZHI VEEDU,THRIKKANNAPURAM,ARAMADA P.O., THIRUMALA VILLAGE,THIRUVANANTHAPURAM. 2. SAM RAJ,S/O.MANAS NELSON,AGED 41, PLAMTHOTTAM PUTHEN VEEDU,THRIKKANNAPURAM, ARAMADA P.O.,THIRUMALA VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2. ADDITIONAL TAHASILDAR,TALUK OFFICE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).18350/2009 ....................... Dated this the 22nd day of July, 2009 JUDGMENT Certain country boats belonging to the petitioners along with other country boats belonging to persons who are not on the party array, were seized on the ground that they were being used in contravention of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Ext.P2 order of confiscation was passed by the District Collector, after hearing the petitioners, merely stating that the boats were used for unauthorized illicit transportation of river sand. Petitioners sought for review of the said order by filing a petition before the RDO. This writ petition has been filed challenging Ext.P2 order passed by the District Collector and for other incidental reliefs. 2. A statement has been filed on behalf of the 1st respondent. Paragraph 2 and 3 of the same read as follows. W.P.(C).18350/2009 2 It is submitted that one of the major problem encountered by the administration during these raids is that most of the boats are sunk into the water, when the raiding party reaches the spot. It becomes extremely difficult to recover these boats from under water unless there are expert divers who can do the same. People who are highly skilled in this aspect have to be sourced from coastal areas. It is also submitted that in the instant case when the Revenue Officials conducted raid in the area, the petitioners' country boats and other country boats were found carrying sand in the middle of the river. On seeing the Revenue Officials, the boats were sunk into the water and the sand also were put into river. Therefore, it was not practical to seize the country boats with the sand. The Revenue Officials could seize the country boats alone without sand. This is the tactic adopted by the persons who are illegally collecting sand from the river by using country boats. The Revenue Officials seized the country boats only after finding that the boats were filled W.P.(C).18350/2009 3 with sand and on seeing the party, the sand and the country boats were sunk into river. The country boats were seized after preparing a detailed Mahasar. 37 country boats were seized at different locations of the river in which sand mining are unauthorizedly being carried out. The country boats were handed over to the third person for safe custody. 3. Learned counsel for the petitioners, Mr.R.T.Pradeep, is right in submitting that if country boats were actually sunk along with the sand by persons who were navigating the boats at the relevant time to evade arrest and confiscation by the police officials or the revenue officials as the case may be, then the facts must be reflected in the order passed under Section 23 of the Act. That has not been done in the present case. The matter therefore, requires reconsideration. 4. Accordingly, Ext.P2 shall stand set aside and the 1st respondent shall pass fresh orders after conducting an W.P.(C).18350/2009 4 enquiry and after hearing the petitioners within one month from the date of receipt of a copy of this judgment. The country boats shall be retained as per the directions of the District Collector and shall be released only pursuant to the orders to be passed by the District Collector. Writ petition is disposed of as above. V.GIRI, Judge mrcs