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Judgment
Antony Dominic, J.—Petitioner is aggrieved by Ext.P2 to the extent he is not given the freedom to reclaim the vehicle by remitting the value there of.
Petitioner claims to be the registered owner of vehicle bearing Regn. No. KL-3 C-6823, against which proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 were initiated. Those proceedings resulted in Ext.P2 order passed by the 1st Respondent ordering confiscation of the vehicle u/s 23A of the Act. In this writ petition, Petitioner complains that, in Ext.P2 order, he has not been given the freedom to reclaim the vehicle by remitting the value.
I heard the learned Government Pleader who submits that if the Petitioner is desirous of availing of that opportunity, it will be open to the Petitioner to move the RDO himself and that thereupon the RDO will take steps as required under the proviso to Section 23A(3). Proviso to 23A(3) of the Act reads as under:
Provided that the owner of the articles seized or the person having its control shall be given the freedom to reclaim it in lieu of confiscation by remitting an amount equal to the value of the articles except sand, as fixed by the Collector
Therefore, if the registered owner of a vehicle, which has been confiscated u/s 23A(3), is desirous of getting the vehicle released by remitting the value fixed by the District Collector, that liberty available cannot be denied. Now that the Petitioner is desirous of getting the vehicle released, I direct that it will be open to the Petitioner to make an application to the 1st Respondent, who thereupon shall get the value of the vehicle fixed by the District Collector and give the Petitioner an opportunity to remit the value and get the vehicle released.
This process shall be completed by the 1st Respondent within one month of the Petitioner making the application as indicated above producing a copy of this judgment.
Writ petition is disposed of as above.