IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WA.No. 1206 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.21259/2011 Dated 04/08/2011 .................... APPELLANT/ PETITIONERS ------------------------- 1. JOHN XAVIER, S/O. SHEVARIAR ADIMALI, AGED 36 YEARS, MELECHEMBARATHI VILAI VEEDU, VAVERI, S.T.MANGAD P.O., KANYAKUMARI DISTRICT, TAMIL NADU. 2. L.KRISHNAN, S/O. LAKSHMANA, PATHIRIPALLIVILA, UNNAMALAKADAI P.O., KANYAKUMARI DISTRICT, TAMIL NADU. 3. MANIKANDAN R., S/O. RAJAIYYAN, R.V.VILLA, MADADTHUVILAI, KUZHITHARAI P.O., KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENTS/ RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD, PIN-671 121. 2. THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION, KASARAGOD DISTRICT, PIN-671 323. GOVT.PLEADER, SRI.GEORGE MECHERIL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.1206/2011 ANNEXURE A: COPY OF THE PERMIT ISSUED TO VEHICLE NO.TN-75/4360 BY THE DEALER IN MANGALORE DT.30.7.2011 WITH ENGLISH TRANSLATION OF THE SAME. ANNEXURE B: COPY OF THE PERMIT ISSUED TO VEHICLE NO.TN-75E/5386 BY THE DEALER IN MANGALORE DT.30.7.2011 WITH ENGLISH TRANSLATION OF THE SAME. ANNEXURE C: COPY OF THE PERMIT ISSUED TO VEHICLE NO.TN-75U/6593 BY THE DEALER IN MANGALORE DT.30.7.2011 WITH ENGLISH TRANSLATION OF THE SAME. ANNEXURE D: COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX CHECK POST, MANJESWARAM ISSUED ON 5.8.2011 TO VEHICLE NO.TN- 75/4360. ANNEXURE E: COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX CHECK POST, MANJESWARAM ISSUED ON 5.8.2011 TO VEHICLE NO.TN- 75E/5386. ANNEXURE F: COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX CHECK POST, MANJESWARAM ISSUED ON 5.8.2011 TO VEHICLE NO.TN- 75U/6593. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. -------------------------------- W.A.No.1206 OF 2011 -------------------------------- Dated this the 16th day of August, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the detention orders issued against the 3 trucks with load of sand in it. The appellants' case is that sand is brought under permit from Karnataka for sale in Kerala. The appellants have a case that the goods passed through the check post and transport documents are sealed by the check post authority. The appellants have remitted the tax payable in Kerala under the KVAT Act is another contention raised by the appellants. If the claim of the appellants is true, we see no justification for detention of goods in Kerala, no matter, there may be prohibition in Karnataka against transport of sand from Karnataka. The Collector can seize the vehicle with load of sand only if there is a violation of provision of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The appellants' contention that sand transported was sourced from Karnataka under permit issued by the Authorities in Karnataka and therefore transport W.A.No.1206/2011 2 is not illegal under the Sand Act is absolutely tenable. However, since we are not verifying the genuineness of the documents and the correctness of the claim that the tax is also paid in Kerala, we direct the District Collector to verify the records, hear the appellants and release the trucks with loads of sand, if sand is brought from Karnataka in respect of tax is also paid by the appellants in Kerala. Even if tax is not paid, there is no case for seizure but the Collector can ensure release of goods with the vehicles only after payment of tax. Writ Appeal is disposed of vacating judgment of the learned Single Judge but with direction to the District Collector to adjudicate the matter and issue orders within ten days from the date of production of a copy of this judgment. The appellants will appear and argue the matter on the date of posting given by the Collector for compliance of the judgment in time. The appellants will produce other documents besides the documents seized by the police and handed over to the Collector. Issue copy today itself. (C.N.RAMACHANDRAN NAIR, JUDGE) ( P.S.GOPINATHAN, JUDGE) ps