IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 31328 of 2009(I) ------------------------------------ PETITIONER(S): ---------------------- RAJEEV KUMAR K.V., AGED 30 YEARS, S/O.VISWAMBARAN K.G., KALLELIL HOUSE, MALAYATTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR. 2. SUB INSPECTOR OF POLICE, KORATTY POLICE STATION. 3. MALAYATTOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, TRISSUR. R1, 2 & R4 BY GOVT. PLEADER SRI.K.RAMESH ADV. SRI.M.GOPAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31328/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PASS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TO TRANSPORT RIVER SAND. P2:- COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT. P3:- COPY OF THE APPLICATION SUBMITTED BY THE PURCHASER OF THE SAND FROM THE PETITIONER BEFORE THE IST RESPONDENT. P4:- COPY OF THE JUDGMENT DTD. 13.7.2009 IN WPC. 19536/2009 OF THIS HONOURABLE COURT. P5:- COPY OF THE INTERIM ORDER DTD. 10.8.09 PASSED BY THE IST RESPONDENT. P6:- COPY OF THE ORDER DTD. 8.10.09 OF THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31328 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 J U D G M E N T The petitioner challenges Ext.P6 order passed by the first respondent - District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In that order, on a finding that the petitioner had unauthorisedly transported the river sand in violation of the provisions of the Act and Rules, the petitioner has been directed to pay an amount of Rs.1,90,000/- being the value of the vehicle towards the River Management Fund. Ext.P6 order reads thus: “As per the seizure mahazar, the vehicle was seized by the police at Chirangara Junction, a place in Koratty police station limit in Thrissur District. The Form P Cash Memorandum, as per Rule 48 k of the Kerala Minor Mineral Conssession Rules 1967, produced by the driver was issued by Malayattur-Neeleeswaram Grama panchayat in Eranakulam District. The pass itself insists the transportation of sand should be with in the Eranakulam District limit. As per The Kerala Protection of River Banks and Regulation of Removal of River Sand Act 2001 the Form P Cash memorandum bearing Book No. as 217 Receipt No as 10833 dated 08/06/2009 issued by the secretary Malayattur Neeleeswaram Grama Panchayat is not a sufficient document to transport river W.P.(C)No. 31328 of 2009 -2- sand from Ernakulam District to Thrissur Dsitrict. The part was heard on 07/10/09 As the party has not produce any supporting document for transporting River Sand from Ernakulam District to Thrissur District. The vehicle bearing Reg.No.KL.11 Q 335 is involved in illegal transportation of river sand as per evidences. Under section 23 of the Act provides that 'whoever transports sand without complying with the provisions of the Act shall be liable to be punished and the vehicle used for the transaction is liable for seizure”. Rule 27(3) of the Rules stipulates that such vehicle could be returned to owner, if he remits an amount towards River management Fund equal to the price fixed by the Collector with within seven days of seizure. Illegal extraction and transportation of river sand amounts to a threat to the enjoyment of life and its fulfillment as guaranteed under Article 21 of the Constitution of India which embraces the conservation and protection of natural gifts and as such illegal extractions violates the fundamental right to life. It also amounts to violation of a series of orders issued by the Honourable High Court to enforce t he principle of sustainable extraction. Anyone who is engaged in the illegal network is pursuing a crime incentivised by calculated design of private motive at the cost of public safety and security. The dangers of unregulated extraction is manifold which tantamount to an aggression on future generations. As it is proved that the vehicle has been used for illegal transportation of river sand, it is ordered that the vehicle will be confiscated. The Joint Regional Transport Officer, Irinjalakuda has fixed the value of the vehicle at Rs.1,90,000/- Accordingly, the legal owner of the vehicle is directed to remit the sum of Rs.1,90,000/- (Rupees One Lakh and Ninety Thousand only) towards River Management fund within seven days, failing which, the vehicle will be disposed of as provided under law and the sale proceeds will be remitted to the River Management Fund”. From the same, I find that the District Collector has considered every aspect of the matter and has given definite reasons for W.P.(C)No. 31328 of 2009 -3- coming to the conclusion that the transportation was against the provisions of the Act. In the above circumstances, I do not find any merit in the writ petition and accordingly, the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/