IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WA.No. 1838 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20666/2010 Dated 30/08/2010 .................... APPELLANT(S): / PETITIONER -------------- AHAMMED K., AGED 36 YEARS, S/O.KUNJAHAMMED, KATTIKULANGARA HOUSE, CHATTIPPARAMBA.P.O., KOLATHUR VIA., MALAPPURAM DISTRICT (R C OWNER KL-10/AB-9533) BY ADV. SRI.SHOBY K.FRANCIS SRI.AGI SHOBY SMT.K.P.SHAMEENA RESPONDENT(S): / RESPONDENTS --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB-INSPECTOR OF POLICE, KULATHUR POLICE STA TION, KOLATHURP.O, MALAPPURAM DISTRICT. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WA No.1838 of 2010 --------------------------------- Dated, this the 18th day of February, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with Ext.P4 order of the District Collector confiscating appellant's truck and releasing it on payment of Rs.4.5 lakhs towards the value of the vehicle. 2. We have heard learned counsel appearing for the appellant and learned Government Pleader for the State authorities. 3. At our request, learned Government Pleader produced the mahazar, and we have gone through its contents and also considered the same. The appellant's case is that the truck, at the time of seizure, was not loaded with any sand and therefore the seizure is illegal and arbitrary. However, the mahazar produced shows that the truck was loaded with 3 bags of river sand, which according to the learned Government Pleader, is illegal. Even though illegal transporting of river sand in the truck entitles the District W.A.No.1838/2010 -2- Collector to confiscate the vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 we feel the action in this case is harsh because value of three bags of river sand is insignificant when compared to the capacity of the truck, which in this case is a tipper lorry (2008 model swaraj mazda). It is seen that the vehicle is all through in the custody of the police from the date of seizure i.e. from 12/01/2010 onwards. In the course of time, the Police used the truck as a storage place for another vehicle seized, which is a goods autorickshaw. Obviously and admittedly, there is no sand in the truck and even the three bags of river sand stated to have been seized disappeared in police custody. Above all, what we notice from the photograph is that the failure of the Police to take care of the truck led to another vehicle colliding with the stationary truck causing complete damage to the left door of the truck. We are amazed to see the way valuable properties belonging to private parties are treated by the Police and the Government authorities. Considering the erosion and the damage caused to the vehicle while it was in the custody of the State authorities, we feel Ext.P4 calls for modification. Accordingly, we allow the Writ Appeal by vacating the W.A.No.1838/2010 -3- judgment of the learned Single Judge and by modifying Ext.P4 issued by the District Collector by reducing the amount payable towards the value of the truck at Rs.1,00,000/-. The appellant is granted time till 30/03/2011 to pay the amount and clear the vehicle. The Police will, on production of receipt of payment from the District Collector's office, remove the goods autorickshaw seen stored in the appellant's truck and release the truck to the appellant. We make it clear that the reduction is granted by taking into account the loss suffered by the appellant due to the damage caused to the vehicle in the custody of the Police, and so much so, the appellant will have no right to sue the respondents for any damages separately. This Writ Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg