Manjula Chellur,CJ
Petitioner, who hails from Malappuram district, is before us as a pro bono publico seeking following reliefs:-
(i) To issue a Writ of Mandamus or any other appropriate writ or order or direction directing the respondents to dismantle/remove the seized vehicles from the yard of the Govt.offices, Police Stations and the side of the PWD Road and state highways and to file a report in this Hon'ble Court, within a time to be fixed by this Hon'ble Court;
(ii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents to ensure that no seized vehicles are parked on the road margin of PWD roads and State Highways.
(iii) to declare that the parking of seized vehicles on the side of the PWD road and state Highways is illegal and improper.
(iv) to issue a Writ of mandamus or any other appropriate writ or order or direction directing the 3rd respondent to file a report in this Hon'ble Court as to the situation in the various police stations in Malappuram district regarding parking of seized vehicles and the area occupied by the vehicles so parked”.
2. The main grievance in the writ petition expressed by the petitioner is, with regard to thousands of vehicles being parked on the side of PWD road, State Highways, Revenue offices, Government offices and Police Stations which are exposed to sun and rain, thereby apart from loosing the value of the vehicles, it is causing danger to general public as the traffic would be disturbed on account of nonavailability of space by the side of the road and it would lead to many illegal activities. As a matter of fact, petitioner also produced several photographs indicating the state of affairs in Malappuram district, which clearly indicates, road margins are fully occupied by seized vehicles, damaged vehicles and the same definitely, according to us, would lead to causing accidents and obstructions to the vehicular traffic. In spite of several representations before 4th respondent, no steps were taken by the respondent authorities, therefore, the petitioner is before us.
3. In response to our direction, 3rd respondent filed affidavit in February 2014, unfortunately the affidavit was sworn to by Junior Superintendent in the office of District Collector, Malappuram. and further an additional affidavit filed in the month of May 2014 was also by Junior Superintendent from the District Collector's office, therefore, we directed 3rd respondent himself to file an affidavit indicating the steps taken by them to redress the grievance expressed in the writ petition.
4. Paragraphs 3 and 4 of the additional affidavit filed on behalf of the 3rd respondent, which are reproduced hereunder clearly indicates the position as of now, after taking steps indicated therein.
“3.In this regard, it is respectfully submitted that, in furtherance of the proceedings initiated as mentioned in the earlier affidavit, the auction of 934 vehicles kept at various public places under the Perinthalmanna and Tirur Revenue Divisions were put to auction and out of the above, 404 vehicles were bidded in auction and the said vehicles are being now removed from the public places and from the side of the roads by the respective bidders. In respect of remaining 530 vehicles, steps are being initiated for re-auctioning the vehicles. In respect of 1169 vehicles, in respect of which confiscation proceedings had been already undertaken, the entire proceedings for confiscation in compliance with the provisions under the Kerala Es cheat and Forfeiture Act 1964 have been already completed. Schedule has been already fixed for auctioning these vehicles in public auction, which will commence from 27.06.2013 and the auction proceedings will be completed at the earliest at any rate before the expiry of 3 months. In respect of the remaining 4992 vehicles, proceedings for confiscation are under various stages and as the procedure contemplates notice and hearing of the respective parties, same could not be completed and urgent steps are being undertaken for completing the proceedings and putting these vehicles also in auction without any further delay.
4. In this regard, it is also submitted that since the vehicles seized under the Sand Mining Act are more in number, special attention is being given for completing the confiscation proceedings in respect of the said vehicles and the District Administration is taking urgent steps to completing the same without any delay and steps are also being initiated for auctioning the said vehicles seized under the Sand Mining Act within a period of 3 to 4 months. Further it is also submitted that, as the vehicles seized lying on the side of the PWD Roads, State Highways and public places are causing inconvenience and hindrances to the vehicle traffic, the District Administration has identified adequate place at Naduvattom Village, Tirur Taluk, which extents more than 40 acres and Revenue Divisional Officer, Tirur has been instructed to take urgent steps for removal of the vehicles lying on the road side for which steps have been already started and all the vehicles from the side of the PWD Roads, State Highways and public places in the Malappuram District will be removed within two weeks from today.”
5. 1st respondent has filed counter affidavit dated 19th November, 2013 indicating the steps taken by the State in general, in the light of directions of the Supreme Court. Paragraphs5,6,8,9,10 and 11 are relevant and is hereunder:-
“5. In respect of the subject matter, it is respectfully submitted the from time to time, the State Government had been giving necessary directions and proper guidelines through all the heads of departments for taking appropriate steps for the speedy disposal of the seized vehicles, lying under the custody of the respective department. Taking note of the observations and directions issued by this Hon’ble Court by order dated 02.12.2008 in MACA No.1458/2008, instructions were given to all heads of departments to finalise all departmental cases and dispose of all seized/ recovered vehicles lying under the custody within the time fixed and a Circular was issued on behalf of the Home Department on 05.01.2009 by the then Chief Secretary. True copy of the Circular No. 89584/G3/2008/Home dated 05.01.2009 is produced herewith and may be marked as Exhibit R1(a).
6. Thereafter, taking note of the decision of the Hon’ble Supreme Court reported in Sundarbhai Ambalal Desai Vs. State of Gujarat (2003(2) KLT 1089, wherein the Hon’ble Supreme Court observed that the powers under Section 451 Cr.P.C regarding the disposal of the property pending trial should be exercised expeditiously and judiciously by the Courts, the State Government has issued orders empowering the Superintendent of Police and Deputy Superintendent of Police to fix the fair value of the vehicles taken charge of/ confiscated/ seized by the Police based on the guidelines regarding the depreciated value after making detail inspection of the vehicle and considering the condition of the vehicle and the market value. A true copy of the Government Order G.O.(Rt) No. 3792/2010/Home dated 20.12.2010 is produced herewith and may be marked as Exhibit R1(b).
8. Thereafter, by G.O.(Ms) No. 223/2012/Fin dated 17.04.2012, a committee was constituted under the Chairmanship of the Chief Secretary, comprising the heads of departments, to periodically review the progress of the disposal of the vehicles on a monthly basis. The Officers of the respective departments of Transport, Excise and Forest were also given power to fixe the fair value of the vehicles confiscated/ seized and it was ordered that a Fair Value Fixation Committee shall be constituted in each department with the Head of Department, Finance Officer, Administrative Officer and technically expert as members. Financial delegation of powers in respect of auctions/ scrap disposal ordered earlier, was also enhanced, for the respective heads of Departments and District Officers. True copy of the Government Order G.O.(Ms) No. 223/2012/Fin dated 17.04.2012 is produced herewith and may be marked as Exhibit R1(c).
9. In accordance with the guidelines stipulated in Exhibit R1(c), periodical review of the progress of the disposal of the vehicles was undertaken by the Head of respective departments and reports were being forwarded to the State Government showing the status regarding the disposal of confiscated and seized vehicles. In the meeting convened on 26.03.2013, progress and status of the disposal of the seized vehicles were discussed, speedy actions were recommended for disposal of the vehicles and a monthly review of the progress of the disposal were directed to be carried out by the respective heads of departments once in three months. Other decisions were also taken regarding the necessity of allotment of new RC Book in respect of confiscated vehicles, where there is no owner or RC Book/ particulars of the vehicles and recommendations were also made regarding the amendment of the depreciation pattern, while fixing the fair value of the seized/ confiscated vehicles. A true copy of the Minutes of the meeting held on 26.03.2013 chaired by the Chief Secretary on the subject matter of the disposal of the seized vehicles is produced herewith and may be marked as Exhibit R1(d). Based on the decision taken in Exhibit R1(d), Government also issued Government Order G.O.(Rt) 5740/2013/Fin dated 11.07.2013 and copy of the same is produced herewith and may be marked as Exhibit R1(e).
10. In this regard, it is also submitted that a report has been submitted by the Additional Director General of Police (Intelligence) regarding the unnecessary storing of seized properties in the Police Stations and made suggestions for the proper disposal of the seized vehicles in accordance with the existing rules and regulations applicable and essentially in respect of vehicles seized for committing offences under Abkari Act, Kerala Protection and River Banks and Regulation of Sand Act and Essential Commodities Act, etc. It was also suggested that the disposal of the seized vehicles could be made either resorting to the procedure contemplated under Section 11 Chapter II A of the Kerala Escheats and Forfeitures Act, 1964 or in accordance with the provisions contained in the Sections 55 and 56 of the Kerala Police Act, regarding the disposal of the seized and unclaimed articles. Further, it was also suggested that for the purpose of speedy disposal of seized vehicles, a committee could be formed at the Police Head Quarters headed by a Senior Police Officer and District Level Committees could be formed headed by the District Police Chief for effective and speedy action and it will be better and effective to coordinate and periodical review of the actions taken in each districts. The suggestions have been taken note of and will be considered at the highest level. True copy of the letter No.C-5/58110/2011/SB dated 09.05.2013 from the Additional Director General of Police (Intelligence) to the State Police Chief is produced herewith and may be marked as Exhibit R1(f). English translation of the Exhibit R1(f) is also produced herewith and may be marked as Exhibit R1(g).”
6. As on today, according to learned Government Pleader, within two days, no vehicle confiscated, damaged or seized would be seen by the side of the road so far as Malappuram district.
7. Learned counsel appearing for petitioner Shri.Mohanakannan submits, many vehicles are lying in public places like police station and other offices like Revenue Office etc. It is needless to mention that vehicles seized or confiscated are under various statutes.
8. Procedure has to be followed for disposal of these vehicles. On account of pendency of litigation, large number of vehicles have to be kept as they are without any disposal process. On account of various hurdles and stages of disposal of property it is possible that large number of vehicles are seen. The fact remains the authorities who are having custody of these vehicles should also make sure that these vehicles will not create any vehicular traffic disturbance leading to accidents. If vehicles are lying unattended without any safeguard, it may lead to many illegal activities which would again cause danger to general public.
9. Having regard to these facts, even if they have to keep the vehicles without disposal on account of pendency of litigation and other problems, they must be kept at places where they have an eye on these vehicles so that no illegal activity would be carried on by antisocial elements in the society. Having regard to 3rd and 4th paragraphs of the additional affidavit filed by 3rd respondent, District Collector, the relief sought in the writ petition is substantially attended to. We may further say that, it is not just Malappuram district but other districts in the State of Kerala also should not have a problem of this nature on account of narrow roads and scarcity of space available for general public.
In the above circumstances, we are of the opinion, the writ petition need not be kept pending and the same is disposed of directing 3rd respondent to see that by the end of July 2014, no vehicle should be seen lying by the side of road, either state Highway or National Highway, so far as Malappuram district.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 1/07