IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 17712 of 2009(H) -------------------------- PETITIONER(S): --------------- ANIL O.B., ORAVANTHURUTHY HOUSE, MENON BAZAR, AZHIKODE P.O., KODUNGALLUR, THRISSUR. BY ADV. SRI.P.M.BENZIR SRI.G.G.MANOJ SRI.JAICE JACOB RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, KODUNGALLUR, THRISSUR. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.17712 of 2009 ---------------------------------------- Dated this the 18th day of August, 2009. JUDGMENT The petitioner is the registered owner of a vehicle bearing registration No.KL-47/7134. The vehicle was intercepted by the 2nd respondent on 26.4.2009 on the allegation that it was transporting river sand without the authority of a pass. According to the petitioner, the original of Ext.P1 pass was issued to him and the driver of the vehicle had shown the pass to the Sub Inspector. Nevertheless, the vehicle was seized. A copy of the seizure mahazar was allegedly not supplied to the petitioner. 2. The files were forwarded to the District Collector, who had after hearing the petitioner, passed Ext.P4 order holding that the vehicle was involved in the illicit transportation of river sand and directing the owner to remit an amount of Rs.6 lakhs as the value W.P.(C).No.17712 of 2009 :: 2 :: of the vehicle towards river management fund. This is under challenge in this writ petition. 3. The Government Pleader has produced the files leading to Ext.P4 and I have perused the same. 4. The specific case of the petitioner is that the transportation of the sand was on the strength of the original of Ext.P1 pass. This is not only mentioned by him in the writ petition, but this is the case put forward by him in the statement filed on 27.5.2009. The veracity of the said version should be ascertained by the District Collector. The petitioner could be called upon to produce other materials, if necessary, for substantiation of his version that the sand was being transported with the aid of a pass. This has not been done by the District Collector. 5. As has been repeatedly held by this court, the Collector exercises quasi judicial power while acting under Section 23 of the Sand Act. The order of W.P.(C).No.17712 of 2009 :: 3 :: the District Collector is susceptible to judicial review by this court under Article 226 of the Constitution. Reason for confiscation should be apparent from the order and they should be sustainable as well. I am, therefore, of the view that the matter requires reconsideration. 6. I heard learned counsel for the petitioner and learned Government Pleader on this aspect. 7. In the result, Ext.P4 is set aside. The 1st respondent is directed to pass fresh orders in the matter of seizure/release/confiscation of vehicle bearing registration No. No.KL-47/7134 within three months from the date of receipt of a copy of this judgment. The petitioner shall produce adequate proof to show that a pass had actually been issued from the concerned panchayat. If necessary, an affidavit from the competent authority from the panchayat may also be produced. W.P.(C).No.17712 of 2009 :: 4 :: 8. In the circumstances, the vehicle bearing registration No.No.KL-47/7134 shall be released to the petitioner on interim custody, subject to the following conditions: (a) The petitioner shall deposit an amount of Rs.25,000/- before the District Collector. (b) He shall not use the vehicle within the limits of Thrissur District. (c) The vehicle shall not be used for transportation of sand during the pendency of the proceedings before the District Collector. (d) The vehicle shall not be alienated or encumbered during the pendency of the proceedings before the District Collector. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge