IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37232 of 2008(G) -------------------------- PETITIONER(S): --------------- SIBI JOSEPH, S/O. JOSEPH, AGED 42 YEARS, BUSINESS, ANDIVILAYIL (KOLARAYIN), VADAYAR.P.O, VADAYAR DESOM, VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO. KL-5/V-4290) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE TAHSILDAR, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 3. THE INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM. 4. THE DISTRICT GEOLOGIST, KOTTAYAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, ALONG WITH W.P.(C).37200/08 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s.37232, 37200, 37203 & 37204/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT Common grievance is highlighted by the petitioners in these cases. Therefore, by consent of parties, they have been heard together and are being disposed of by a common judgment. I will refer to the facts in Writ Petition No.37200/2008. 2. A vehicle belonging to the petitioner was seized by the second respondent on 2.12.2008 on the ground that it is being used for unauthorized transportation of sand. According to the petitioner, the transportation of sand was with the aid of valid pass. But it has not been considered by the Sub Inspector of Police. Mahazar has not been drawn up and enquiry has also not been conducted thereafter. In these circumstances, petitioner has filed Ext.P1 before the District Collector, (Ext.P2 in W.P.(C).37232/2008), seeking release of the vehicle. Writ petition has been filed seeking a direction to the District Collector to W.P.(C).37232/2008 & Connected Cases 2 consider Ext.P1 and take appropriate decision thereon, for release of the vehicle. 3. The parameters governing the exercise of power by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, has been considered elaborately by this Court in Writ Petition No.15847/2008 and Connected Cases. It has been held therein that the power exercised by the District Collector is quasi-judicial in character and similar to the power exercised by a Court of law dealing with confiscation proceedings. There has to be an application of mind on the part of the District Collector consistent with the fact that the power being exercised by the Collector is quasi-judicial. 4. Having heard learned Government Pleader also, I am of the view, that a reconsideration of the issue is necessary at the hands of the District Collector. He shall also take note of the directions issued by this Court W.P.(C).37232/2008 & Connected Cases 3 in the aforementioned batch of cases. 5. In the result, writ petitions are disposed of with the following directions:- (i). First respondent shall consider Ext.P1 representation in Writ Petition Nos.37200/2008, 37203/2008 and 37204/2008, in accordance with Section 23 of the Sand Act, read with Rules 27 and 28 of the Rules. Final orders shall be passed within a period of three months from the date of receipt of a copy of this judgment, keeping in mind the directions issued by this Court in Writ petition No. 15847/2008 and Connected Cases. (ii). First respondent shall consider Ext.P2 representation in Writ petition No.37232/2008 and pass orders under Section 23 of the Sand Act, read with Rules 27 and 28 of the Rules, keeping in mind the directions issued by this Court in Writ Petition No. 15847/2008 and Connected Cases. W.P.(C).37232/2008 & Connected Cases 4 6. If the petitioners move applications for interim custody of the vehicle, same shall also be dealt with in the light of the directions issued in paragraph 58 of the judgment in Writ Petition No. 15847/2008 and Connected Cases and orders on the applications for interim custody shall be passed within two weeks from the date of receipt of a copy of this judgment. I make it clear that it is open to the District Collector to consider whether the vehicles in question are eligible to be released. I have not considered the contentions of the petitioners on merits. V.GIRI, Judge mrcs