IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 32592 of 2009(T) -------------------------- PETITIONER(S): --------------- KUMARAVELAN.M.M. S/O. LAKSHMI AGED 50 YEARS, MUTHU KATTIL MELATHIL HOUSE DESAMANGALAM.P.O. THRISSUR DIST. (R.C.OWNER OF KL-07-R-4224) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE THRISSUR. 2. SUB INSPECTOR OF POLICE, KUNNAMKULM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. 3. PANJAL GRAMA PANCHAYATH, REP. BY SECRETARY PANJAL GRAMA PANCHAYATH OFFICE, PANJAL.P.O. THRISSUR. BY GOVT. PLEADER SRI. K.RAMESH ADV. SRI.BINOY VASUDEVAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 32592/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1:COPY OF THE RC BOOK OF THE VEHICLE NO.KL-07-R-4224 DT. 16.6.97 EXT.P2: COPY OF THE ORDER DT. 25.9.09 IN ORDER NO.B-7.23947/09 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P3:COPY OF THE ATTESTED COPY OF THE SAND PASS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DT. 29.4.09 EXT.P4:COPY OF THE CERTIFICATE DT. 5.11.09 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P5:COPY OF THE INSURANCE POLICY OF THE VEHICLE NO.KL-07/R-4224 DT. 19.6.08 PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32592 OF 2009 -------------------------- Dated this the 2nd day of December, 2009 J U D G M E N T The petitioner is the registered owner of a goods vehicle bearing registration No.KL-07-R-4224. The said vehicle was seized by the second respondent on 8.5.2009 on the ground that it was used to transport river sand without a valid pass. The petitioner states that his vehicle was used to transport river sand from Smasanam Kadavu in Panjal Grama Panchayat to the work site of the Panjal Panchayat. He also states that though the sand transported was covered by a pass issued by the Deputy Tahsildar of Talappilly Taluk and the said pass was shown to the Sub Inspector of Police, he forcefully took possession of the original of the pass and thereafter submitted a report to the District Collector, Thrissur, to the effect that the petitioner's vehicle was seized for transporting river sand without a valid pass. 2. Upon receipt of the report from the Sub Inspector of Police, the District Collector issued notice to the petitioner and heard him on 1.7.2009. At the time of hearing, the petitioner informed the District Collector that the sand transported in his vehicle was covered by a W.P.(C) No. 32592/09 2 valid pass and that it was forcefully taken away by the Sub Inspector of Police. The District Collector did not accept the said contention and ordered confiscation of the vehicle finding that it was illegally used to transport river sand. The District Collector however permitted the petitioner to avoid confiscation by paying Rs.4,50,000/- fixed as the value of the vehicle in the river management fund. Ext.P2 order is under challenge in this writ petition. 3. Relying on Ext.P3, which is a duplicate of the pass issued by the Deputy Tahsildar, Talappilly Taluk to transport sand and Ext.P4 certificate issued by the Secretary of Panjal Grama Panchayat, the petitioner contends that the sand transported in his vehicle at the time when it was seized by the second respondent was sand covered by Ext.P3 pass. Though the Panjal Grama Panchayat is a party to the writ petition and has been served, the Panchayat has not entered appearance or disputed the authenticity and genuineness of Ext.P3 pass and Ext.P4 certificate. Ext.P4 certificate prima facie establishes that on the strength of Ext.P3 pass, a lorry load of sand was transported in the petitioner's vehicle on 8.5.2009. Though the register number of the petitioner's vehicle is not W.P.(C) No. 32592/09 3 mentioned in Ext.P3 pass, Ext.P3 pass discloses that sand was transported in a vehicle to the work site of Panjal Grama Panchayat. Ext.P3 pass relates to sand to be utilised for the works undertaken by the Panjal Grama Panchayat. Ext.P4 certificate clarifies the sand aspect. 4. In my opinion, in the light of Ext.P3 pass, as clarified by Ext.P4 certificate, the petitioner should be given an opportunity to substantiate his contention that the sand transported in his vehicle was covered by Ext.P3 pass. The District Collector did not consider it fit to conduct an enquiry as to whether the sand transported in the petitioner's vehicle was meant for use by the third respondent Panchayat notwithstanding the submissions made on behalf of the petitioner. In such circumstances, I allow this writ petition, quash Ext.P2 and direct the District Collector to reconsider the matter and pass revised orders after notice to and affording the petitioner a reasonable opportunity of being heard. It will be open to the petitioner to file a written representation setting out his contentions and producing documents along with the representation. The District W.P.(C) No. 32592/09 4 Collector shall before orders are passed in the matter, ascertain the views of the Secretary of the Panjal Grama Panchayat and also call for and examine the registers maintained in Smasanam Kadavu in Grama Panjal Panchayat. The District Collector shall pass an order giving reasons in support of his conclusions and communicate a copy thereof to the petitioner expeditiously thereafter. Final orders in the matter shall be passed within one month form the date on which the petitioner produces a certified copy of this judgment before the District Collector. P.N.RAVINDRAN, JUDGE vps