IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 3163 of 2010(U) ------------------------------------- PETITIONER: ------------------- RAFEEQ.V.K, S/O.ASSAINAR,VATTAKANDIYIL HOUSE,THOOVAKKUNNU,THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR,KANNUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PANOOR POLICE STATION,KANNUR DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3163/2010-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE OF R.C. BOOK OF PETITIONER'S VEHICLE. EXT.P.2: COPY OF THE GOODS CARRIAGE PERMIT OF PETITIONER'S VEHICLE. EXT.P.3: COPY OF THE ORDER DT.D 11/01/2010 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. --------------------------------------------- W.P.(C).No. 3163 of 2010 --------------------------------------------- Dated this the 19th day of August, 2010 J U D G M E N T The petitioner challenges Exhibit P3 order of the District Collector, Kannur, whereby on a finding that the petitioner has illegally transported river sand, the petitioner has been directed to pay 50% of the value of the vehicle towards River Management Fund and bond for the balance 50% for release of the vehicle. According to the petitioner it is an interim order and the conditions stipulated therein are not in accordance with the Full Bench Decision of this Court in Shan C.T. v. State of Kerala & Others [2010 (3) KHC 333]. 2. I have heard the learned Government Pleader also. From Exhibit P3 order it is not clear as to whether it is a final order or an interim order. The first part of the order would show that it is a final order in so far as the District Collector had entered a finding that the petitioner had transported river sand illegally in violation of the Kerala Protection of River Sand Banks and Regulation of Removal W.P.(C).No. 3163 of 2010 2 of Sand Act, 2001. But in the latter part of the order it has been stated that the vehicle would be released to the petitioner on paying Rs.2,50,000/-, being 50% of the value of the vehicle namely Rs.5,00,000/- and executing bond for the balance 50%. In view of this the learned Government Pleader also could not tell me definitely as to whether it is a final order or an order granting interim custody. If it is a final order, the value of the vehicle should have been directed to be paid and there was no necessity to execute bond. If it is an order for interim custody, then the conditions stipulated therein are not in accordance with the above said Full Bench Decision. In the above circumstances, Exhibit P3 order is quashed. Now that as per the amended provisions of the Act, the authority to pass original orders under the Act is vested with the Sub Divisional Magistrate, the Sub Divisional Magistrate shall pass final orders in the matter after affording an opportunity of being heard to the petitioner within one month from the date of receipt of a copy of this judgment. W.P.(C).No. 3163 of 2010 3 The Sub Divisional Magistrate shall also consider the claim of the petitioner for interim custody in accordance with the Full Bench Decision within one week from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. S.SIRI JAGAN, JUDGE. rkc