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2009 Supreme(Ker) 104

R.BASANT
Thonikkadavath Shoukathali – Appellant
Versus
Tahsildar – Respondent


Advocates Appeared:
For the Petitioner:Sunny Mathew, Advocate. For the Respondents: V.G. Govindan Nair, Director General of Prosecution, C.K. Suresh, Public Prosecutor.

Judgment :

Not what the ideal law ought to be - not even whether the provisions in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short `the Act) are constitutionally valid and proper; but only ascertainment of the binding law which subordinate courts and functionaries now have to follow is the short question, but the big challenge, before me in these cases.

2. The state of the law - substantive and procedural, in respect of seizure/confiscation of vehicles under the Act and the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 (for short `the Rules) leaves very little to be desired. It is perhaps a very sad commentary on the system that the controversy as to whether the Act and the Rules contemplate confiscation or mere seizure of the vehicles continue even now without authentic resolution. Sec.23 of the Act has the heading "confiscation of vehicles"; but the body of the Section speaks of only "seizure". The conflict between the Malayalam and the English versions of the Act and the Rules, though pointed out by the courts from early days, continues even now. The law wing of the State Government must hang its head do






























































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