Kerala High Court
K.V. Koyakutty vs The Sub Inspector Of Police on 20 June, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 20TH DAYOF JUNE 2014/30TH JYAISHTA, 1936
WP(C).No. 15666 of 2014 (G)
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PETITIONER(S):
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K.V. KOYAKUTTY,
S/O.KUNHI MOOSA, AGED 40 YEARS,
KUZHIYAMPADAM HOUSE, PATHIRIKKAD,
KARUVANTHURUTHI P.O, KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW.
RESPONDENT(S):
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1. THE SUB INSPECTOR OF POLICE,
FEROKE POLICE STATION, PIN-673 001.
2. THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE-673 001.
3. THE DISTRICT COLLECTOR,
KOZHIKODE-673 001.
BY SR. GOVT. PLEADER MR.K.C. VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-06-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 15666 of 2014 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1. COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.142/2014 OF THE FEROKE POLICE STATION.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
A.M.SHAFFIQUE, J.
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W.P.(C) No.15666 of 2014
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Dated this the 20th day of June, 2014
JUDGMENT
Petitioner's country boat had been seized by the 1st respondent alleging violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, the country boat was not involved in the alleged violation.
2. Whatever be the contention of the petitioner might be, the competent authority to decide the issue is the Revenue Divisional Officer. Petitioner will have to approach the Revenue Divisional Officer and seek interim custody of the said country boat.
3. This court has already permitted release of the vehicles involved in such violations by receiving cash deposit of 30% and security for the balance 70% for the value of the vehicle. The W.P.(C) No.15666/2014 2 same principle will apply to country boats as well following the judgment in C.T.Shan Vs State of Kerala (2010(3) KLT 413 (FB). In the said circumstance, the Writ Petition is disposed of as under.
Petitioner shall submit necessary application before the second respondent who shall consider the same and pass appropriate orders for interim custody of the country boat in the light of the judgment in C.T. Shan Vs. State of Kerala.
A.M.SHAFFIQUE, JUDGE vdv