IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3453 of 2008(J) ------------------------- PETITIONER: ------------- GREEMSON JOHN, S/O.JOHN, AGED 32 YEARS, KAVANAL HOUSE, KATTACHIRA P.O., ETTUMANOOR. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION, AYARKUNNAM P.O., KOTTAYAM. BY GOVERNMENT PLEADER, SRI.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) No. 3453 OF 2008 ----------------------------------- Dated this the 30th day of January, 2008 JUDGMENT Ext.P2 order, in so far it confiscates the motor vehicle belongs to the petitioner, is under challenge. It is stated that the motor vehicle bearing registration No.KL-5-L-3481 was kept close to a heap of river sand which is described to have been unauthorisidely collected and kept. It is only in that basis the motor cycle is ordered to be seized. It is also seen from Ext.P2 that the 2nd respondent has directed payment of Rs.25,000/- towards fine and Rs.25,000/- towards the value of motor vehicle for its release. 2. While examining the validity of this order, I should notice that Section 23 of the Kerala Protection of river Banks & Regulation of Removal of Sand Act, 2001 provides that only those vehicles used for transportation of river sand unauthorisedly is liable for seizure by the police or revenue officials. The impugned order itself says that this motor cycle was not used in unauthorised transportation of river sand. If that be so, in Ext.P2 order, in so far as it orders seizure of motor cycle, is illegal. WPC No. 3453 of 2008 2 Therefore, I quash Ext.P2 to the extent it orders seizure of the motor cycle bearing registration No.KL-5-L-3481, (wrongly typed as registration No.KL-5-L-3485) shall be released to the petitioner forthwith on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE btt WPC No. 3453 of 2008 3