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2020 Supreme(Online)(KER) 33679

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
IBRAHIM, – Appellant
Versus
DISTRICT COLLECTOR, – Respondent


Advocates:
SRI.P.C.ANIL KUMAR SRI.MANU.M.THOMAS SHRI.HARIDAS K.P.

JUDGMENT

The case set up in this Writ Petition (Civil) is as follows:-

The petitioner herein is the registered owner of LGV-Tipper Lorry, bearing Registration No. KL 08 AB 7299. On 16.10.2018, the 3rd respondent (SI of Police Ponnani) herein has taken the custody of the petitioner’s Vehicle bearing Registration No.KL 08 AB 7299, by alleging that, transporting river sand illegally. Thereafter, a crime was also registered as per Section 379 of IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001. On 11.10.2019, the petitioner herein had appeared before the Judicial First-Class Magistrate Court, Ponnani and was pleaded guilty. He was fined Rs 10000/- as per sec 20 and 23 of the , 2001. That, the Petitioner herein has filed Exhibit P4 application before the 2nd respondent (RDO) as per Sec 23A(4) proviso of the , 2001 and Rule 27(2) the Kerala Protection of River Banks and Regulation of Removal of Sand Rule 2012 to reclaim his Vehicle by remitting an amount equal to the value of the Vehicle. Unfortunately, it is still pending consideration. The inordinate delay to release the vehicle may definitely cause damage to the vehicle.

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