IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 32279 of 2009(D) --------------------------------------- PETITIONER(S): -------------------- JOMON. V.T., S/O.THOMAS, VADAKKETHARA HOUSE, THIRUNALLOOR P.O., CHERTHALA. BY ADV. MR.MVS.NAMBOOTHIRY MR.R.VINU RAJ RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, CHERTHALA. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.32279 of 2009 - D ---------------------------------------- Dated 11th November, 2009 Judgment Heard Sri.M.V.S.Nampoothiry, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL/32A - 7694. The said vehicle was seized by the second respondent on 3.10.2009 on the allegation that it was used to transport sand extracted from the backwaters without a valid pass. Ext.P1 mahazar was thereupon prepared. Thereafter, the second respondent submitted a report to the District Collector. The petitioner thereupon moved the District Collector seeking interim custody of his vehicle. He thereafter filed W.P.(C) No.30350 of 2009 in this Court. By Ext.P8 judgment delivered on 27.10.2009, this Court directed the District Collector to grant interim custody of the vehicle to the petitioner and to pass final orders in the proceedings initiated by him expeditiously. It appears that W.P.(C) No.32279/2009 2 even before Ext.P8 judgment was delivered, the District Collector issued notice to the petitioner, heard him on 12.10.2009 and passed Ext.P9 order on 27.10.2009 ordering confiscation of the petitioner's vehicle. The petitioner was however permitted to redeem the vehicle on payment of one and a half times of the value of the vehicle which was fixed as Rs.5,30,000/-. Ext.P9 is under challenge in this writ petition. 3. Ext.P9 discloses that the District Collector had passed the order applying the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The learned Government Pleader appearing for the respondents concedes that the District Collector could not have invoked the said enactment and ordered confiscation of the vehicle in the manner done in Ext.P9. He however submits that the District Collector can re- open the proceedings by converting it into one under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder, issue notice to the petitioner herein and pass orders. In the light of the said submission, I allow this writ petition, quash Ext.P9 and direct the District Collector to pass revised order under the Kerala W.P.(C) No.32279/2009 3 Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder after affording the petitioner a reasonable opportunity of being heard. Needful in the matter shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the District Collector, Alappuzha. The District Collector shall pending such proceedings grant interim custody of the vehicle to the petitioner as ordered by this Court in Ext.P8 judgment. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge vaa