MUHAMAD SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner claims to be a driver of Lorry bearing Registration No. KL-.10-A-6107 which was seized by the revenue authorities on 11-1-2007 for having transported illicit sand. After issuing notice to the petitioner, Ext. P-3 order is passed by the District Collector under Rule 27(3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 (hereinafter referred to as 'the Rules'). The District Collector permitted the vehicle to be released on condition of depositing an amount of Rs. 50,000 and the value of the sand, failing which it was indicated that steps will be taken for sale of the vehicle as provided under Rule 28 (2) of the Rules.

(2.) The complaint of the petitioner is that while so, Ext. P-2 revenue recovery notice has been issued on 12-11-2008 purported to be a follow-up action for recovering Rs. 50,750, in terms with Ext. P-3 order dated 23-3-2007 of the District Collector. According to the petitioner, he was only the driver of the vehicle and since he has no obligation to pay any amount, revenue recovery proceedings is bad in law.

(3.) The respondents have filed a counter-affidavit inter alia contending that the amount as directed by the District Collector was not paid. But, it seems that thereafter one Sri. Udayakumar had obtained a letter for release of the vehicle from the Judicial First Class Magistrate Court II, Perinthalmanna on certain conditions. It is also stated that the owner of the vehicle had violated the terms and conditions imposed by the Magistrate Court.