Timely processing of applications for vehicle release safeguards individual rights and maintains administrative accountability.

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. Hundreds of seized Vehicles, including the petitioner's vehicle, keeping in to the respondent’s office premises without any safety. Speedy disposal will get revenue to the government.

It is in the light of the above factual averments and contentions that the petitioner has filed instant Writ Petition (Civil) with the following prayers:-

“I. Issue a writ of mandamus or any other writ or direction commanding the 2nd respondent to consider and pass an order in Exhibit P4 application, in the interest of justice.

II. Issue a writ of mandamus or any other writ or direction commanding the 3rd respondent to submit valuation report to 4th respondent, in the interest of justice.

III. To pass such any other order, direction or reliefs as this Hon'ble Court may deem fit in the interest of justice equity and good conscious.”

2. Heard Sri.P.C. Anilkumar, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents

1 to 4.

3. Ext.P-2 is the seizure mahazar in this case and Ext.P-3 is the downloaded copy of FIR No.509/2018 dated 16.10.2018 of Ponnani Police Station, Malappuram. As per the pleadings in the writ petition (civil) it is seen that earlier a crime was registered against the petitioner for offences as per Sections 379 of the IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation and Removal of Sand Act, 2001. Further that, the petitioner had appeared before the Judicial First-class Magistrate Court, Ponnani and that he has pleaded guilty and thereupon the learned Magistrate has imposed a fine of Rs.10,000/- (Rupees Ten thousand only) as per Sections 20 and 23 of the Kerala Protection of River Banks and Regulation and Removal of Sand Act, 2001. Now, the petitioner has filed Ext.P-4 application dated 20.10.2018 before the 2nd respondent-Revenue Divisional Officer, who is the competent officer, in terms of Section 23A(4) proviso of the Kerala Protection of River Banks and Regulation and Removal of Sand Act, 2001 and read with Rule 27(2) of the Kerala Protection of River Banks and Regulation and Removal of Sand Rule 2012, claiming release of the vehicle by remitting an amount equal to the value of the vehicle, etc. It is pointed out that no orders have been passed on Ext.P-4 application dated 20.10.2018 and the same is now pending before the 2nd respondent-Revenue Divisional Officer.

4. Taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2nd respondent-Revenue Divisional Officer will take up the matters raised in Ext.P-4 application dated 20.10.2018, without much delay and after affording reasonable opportunity of being heard to the petitioner, and should take a considered decision on the matters raised in Ext.