IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 16702 of 2010(K) -------------------------- PETITIONER(S): ------------------ SHINE M.M., AGED 31 YEARS, S/O.LATE SRI.MOHANAN, MULLATH HOUSE,NULLASSERY P.O CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. MR.K.K.JAYASOORIAN MR.LAL K.JOSEPH MR.A.A.ZIYAD RAHMAN MR.V.R.REKESH RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD DISTRICT. 2. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, CHALISSERY, PALAKKAD DISTRICT. 3. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 4. THARITHALA GRAMA PANCHAYATH P.O.THRITHALA, PALAKKAD, REPRESENTED BY ITS SECRETARY. ADVS. MR.SANTHEEP ANKARATH FOR R4 MR.V.C.MADHAVANKUTTY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16702 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF 1ST PAGE OF THE CERTIFICATE OF REGISTRATION NO.KL-07-AU-9757. EXT.P2: COPY OF THE SAND PASS NUMBER 20980 AS PER THE BOOKING DONE ON 10.12.2009. EXT.P3: COPY OF THE COMPLAINT DTD 28.5.10. SUBMITTED BY R3. EXT.P4; COPY OF THE VEEKSHANAM DAILY NEWS PAPER DTD 30.5.2010. EXT.P5: COPY OF THE CERTIFICATE ISSUED BY SECRETARY THRITHALA GRAMA PANCHAYATH DTD 2.06.2010. EXT.P6: COPY OF THE NEWS REPORT IN MADHYAMAM DAILY DTD 31.05.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.16702 OF 2010 ------------------------------- Dated this the 14th day of July, 2010 J U D G M E N T The petitioner’s vehicle was seized on allegation of illegal transportation of sand. According to the petitioner, he had a valid pass Ext.P2 for such transportation and therefore, there was no occasion for the first respondent to seize the vehicle. The petitioner alleges malafides on the part of the first respondent in the matter of seizure. In view of the peculiar facts of the case, I passed an interim order on 4.6.2010 which reads thus: “...................... There would be an interim order directing respondents 1 to 3 to release the vehicle after obtaining a simple bond without sureties from the petitioner, undertaking not to alienate or otherwise part with possession of the vehicle and to keep the vehicle in good condition as also to produce the same as and when directed. Pending further orders in the writ petition, the Director General of Police shall cause an enquiry into the allegations in this writ petition to be conducted through a reliable police officer and to file a report. .......” Pursuant to the interim order, the Director General of Police has submitted a report which reads as follows: “The Hon'ble High Court while considering this Writ W.P.(c)No.16702/2010 2 Petition filed by Sri.Shine.M.M. on 04/06/2010 directed the Director General of Police to cause an enquiry in to the allegation in the Writ Petition to be conducted by a reliable Police Officer and to file a report by the next posting date. Accordingly I am humbly submitting the following: 02. As per the directions contained in the order dated 04/06/2010 of the Hon'ble Court, the SP, Palakkad was directed to conduct a personal enquiry in to the allegations contained in the Writ Petition and to forward the report vide order No.U5/51335/2010 dated 08/06/2010. Accordingly Sri.E.Divakaran IPS, Superintendent of Police, Palakkad has furnished a detailed report after conducting personal enquiry vide this letter No.19906/Camp/2010 P dated 19/06/2010. 03. The SP, Palakkad has subjected the following points related to the allegations contained in the writ petition for his enquiry: a. Whether the sand pass issued to Smt. Fathima was genuine and can it be revalidated by the Grama Panchayath Secretary, b. Whether the transportation of sand was authorised or in violation of any existing rules, and c. Whether the action of the first respondent DYSP, Shoranur seizing the lorry carrying sand is justifiable and whether he has demanded bribe from the petitioner. 04. The enquiry of the Sp, Palakkad on the above point No.(a) disclosed that even though the pass was genuine, the revalidation of the pass done by Sri. Robinson, Secretary, Thrithala Grama Panchayath was in violation of existing directions and guidelines issued by the District Collector in this regard. Regarding point No.(b) it was disclosed that though the pass revalidated by the Grama Panchayath Secretary was in violation of the existing rules, the petitioner has transported the sand to the consignee under the reasonable belief that the revalidation of the pass was lawful. This perception was justified as the SI, Thrithala who had checked the revalidated pass at the Kadavu itself, had given clearance for transportation. The confidential enquiry conducted by the SP, Palakkad regarding point No.(c) disclosed that the whole action of Sri. A.Surendran, DYSP, Shoranur in conducting the checking of the lorry in civil dress on 28.05.2010 while he was W.P.(c)No.16702/2010 3 going in a taxi amounts to suspicious conduct. Such circumstances, read along with the petitioner's allegation lend substance to a prima facie finding that the officer has acted with ulterior pecuniary motive. 05. The report of the SP, Palakkad concluded with the recommendations (i) to take immediate action to transfer the DYSP out of the District, (ii) to initiate departmental action against Sri. D.Robinson, Grama Panchayath Secretary Thrithala by addressing the Local Administration Department and (iii) to conduct a detailed vigilance enquiry against the DYSP. 06. As it was prima-facie proved that the alleged action of Sri.A.Surendran, DYSP, Shoranur amounts to misconduct causing absolute disrepute to the Police Department, the Addl. Chief Secretary to Government, Home Department was requested by me vide letter No.U5/51335/2010 dated 21/06/2010 to place Sri. A.Surendran, DYSP under suspension. I have also requested Government to order a vigilance enquiry against him. Accordingly, the Government vide GO(Rt) No.2092/201/Home dated 22/06/2010 has ordered to place Sri.A.surendran, DYSP under suspension with immediate effect pending disciplinary action. A copy of the Government Order is enclosed as Exhibit D. Disciplinary action shall be initiated in due course. The Local Administration Department is also being addressed to initiate departmental action against Sri. D.Robinson as recommended in the enquiry report. 06. It is humbly submitted that the directions contained in the order of the Hon'ble Court dated 04/06/2010 have been fully complied”. In view of the said report, what remains to be done in this case is to direct the competent authority under the Kerala Protection of River Banks and Regulation of Removal of Sand Act to pass final orders pursuant to the seizure of the petitioner’s vehicle taking into account the report submitted by the Director General of Police before this Court. W.P.(c)No.16702/2010 4 Accordingly, this writ petition is disposed of with a direction to the competent authority under the Act to pass final orders pursuant to the seizure taking into account the facts revealed in the report of the Director General of Police produced before this Court. Till final orders are passed, the interim order would continue to be in force. S. SIRI JAGAN, JUDGE acd W.P.(c)No.16702/2010 5