IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33236 of 2009(Y) -------------------------- PETITIONER(S): --------------- THOMAS.V.T,S/O.THOMAS.P.O,AGED 45 YEARS, KOTTAKKERI VALACHIRA,MANAPPURAM.P.O,CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE,AROOR, ALAPPUZHA DISTRICT. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF MINING AND GEOLOGY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33236/2009 -------------------- Dated this the 23rd day of November, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-04/S-7942. The said vehicle was intercepted and seized by the Sub Inspector of Police on 24.9.2009. Thereupon, a report was submitted before the District Collector, Alappuzha. A crime was also registered against the petitioner alleging the commission of the offence punishable under Section 21 of the Mines and Minerals (Development and Regulation) Act., 1957. The petitioner thereupon submitted an application dated 25.9.2009 before the District Collector seeking release of the vehicle. On receipt of the said application, the District Collector called for a report from the Joint Regional Transport Officer, Cherthala, as regards the value of the petitioner's vehicle. He thereafter passed Ext.P6 order dated 29.10.2009 ordering confiscation of the petitioner's vehicle invoking provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and the Rules framed thereunder. The District Collector however permitted the petitioner to award confiscation by remitting W.P.(C).33236/09 2 the sum equal to one and a half times the value of the vehicle which was fixed as Rs.3,50,000/-. Ext.P6 is under challenge in this writ petition. 2. The petitioner contends that as the sand carried in his vehicle was sand extracted from the backwaters, the District Collector erred in proceeding under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. He contends that the District Collector can proceed only under the Mines and Minerals (Development and Regulation)Act., 1957 which empowers the District Collector to compound the offence. He submits that the petitioner had, as a matter of fact, submitted an application for compounding the offence. 3. The learned Government Pleader appearing for the respondents submits on instructions that the District Collector erred in invoking the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and that the District Collector should have proceeded only under the Mines and Minerals (Development and Regulation)Act or the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 or both. W.P.(C).33236/09 3 From the order passed by the District Collector, it is evident that he has not chosen to decide whether he should proceed either under the Mines and Minerals (Development and Regulation) Act or under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In view of the admitted fact that Ext.P6 is an order passed under the Kerala Conservation of Paddy Land and Wetland Act, 2008, which does not apply to the transport of sand either from the backwater or river, I quash Ext.P6 and direct the District Collector to take a decision on the question whether he should proceed under the Mines and Minerals (Development and Regulation) Act or the Kerala Protection of River Banks and Regulation of Removal of Sand Act, or under both the Acts. A decision in that regard shall be taken within one month from the date on which the petitioner produces a certified copy of this judgment or the District Collector receives a certified copy of this judgment. In the meanwhile, the District Collector shall release the vehicle described in Ext.P6 order to the petitioner by way of interim custody, on the petitioner depositing the sum of Rs.1,00,000/- and executing a bond for W.P.(C).33236/09 4 the balance amount of Rs.2,50,000/- with two solvent sureties for the like sum. The vehicle shall be released on the day the petitioner deposits the money, executes the bond and furnishes the security. If, within the said period of one month the District Collector does not initiate fresh proceedings, the release of the vehicle shall be treated as unconditional, the money deposited by the petitioner shall be refunded, the bond executed by him shall stand cancelled and the sureties shall stand revoked. On the other hand, if the District Collector decides to initiate fresh proceedings, the same shall be finalised within two months thereafter. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, Judge mrcs