IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 10351 of 2010(T) -------------------------- PETITIONER(S): --------------- MOHAMMAD HANEEFA, (MOHAMMAD KHANIFA) AGED 49 YEARS, S/O.LATE MEERA SAHIB, KALLUVALATHINKAL, VAYYATTUPUZHA P.O., CHITTAR, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, MARARIKULAM. 3. THE C.I.OF POLICE, MARARIKULAM. 4. THE GEOLOGIST, ALAPPUZHA. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SHRI M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE EXT.P2-TRUE COPY OF FORM P ISSUED UNDER KERALA MINOR MINERAL CONCESSION RULES EXT.P3-T RUE COPY OF ORDER DATED 19.3.2010 PASSE DBY THE FIRST RESPONDENT // TRUE COPY // P.S. TO JDUGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10351 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010. JUDGMENT The petitioner is the registered owner of a mini tipper lorry bearing registration No.KL-03-S-4193. The vehicle was used for transporting sand on 10.12.2009 and Ext.P2 is the copy of the Form P issued under the Kerala Minor Mineral Concession Rules. The vehicle was stopped by the Mararikulam police and a crime was registered as Crime No.454/2009 under Section 17(4) and 23 r/w 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The third respondent submitted a report and mahazar before the first respondent for taking appropriate action in the matter. According to the petitioner, the registration of the crime itself is illegal, in view of the decision of this Court in Sheriff v. S.I. of Police, Konni (2010 (1) KHC 388). Ext.P3 is the order passed by the first respondent to return the vehicle on condition of payment of Rs.6,20,000/- in an application filed by the petitioner seeking interim custody. It is submitted that the amount fixed as value of the vehicle is excessive and unreasonable. 2. It is the case of the petitioner that the sand was collected from wpc 10351/2010 2 Kayal and not from any river and the proceedings under the Sand Act and Rules cannot be sustained. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. 4. It is mainly argued by the learned counsel for the petitioner that no notice was issued to the petitioner who is the registered owner, before Ext.P3 order was passed by the first respondent. Accordingly, it is submitted that as there is a direction to confiscate the vehicle without hearing the petitioner, the order cannot be supported. It is further pointed out that the report of the Geologist will show that the sand is not river sand, but only sand from lake. Therefore, it is contended that the provisions of the Act cannot apply and no offence is made out for transporting sand from the lake. 5. Since the petitioner was not heard in the matter, Ext.P3 is quashed. There will be a direction to the District Collector to pass orders after hearing the petitioner. The petitioner is entitled to produce all details with regard to the issuance of Form P. Appropriate orders shall be passed after considering various aspects including the contention that the provisions of the Sand Act are not attracted for the transportation of sand from wpc 10351/2010 3 Kayal/Lake. Orders shall be passed within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/