IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 28440 of 2010(D) -------------------------- PETITIONER(S): -------------------- RAJEESH, S/O.NANU, KANNARAMBATHU VEEDU, PURATHUR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, PIN-676505. 2. THE TAHSILDAR, TIRUR, MALAPPURAM, PIN-676101. 3. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695007. GOVT.PLEADER SRI.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28440 OF 2010 (D) ===================== Dated this the 27th day of September, 2010 J U D G M E N T The challenge in this writ petition is against Ext.P2, an order passed by the District Collector way back on 23/3/2010 exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. By this order, it is found that the vehicle bearing Regn.No.KL-55 D 8466, of which the petitioner is the registered owner, was engaged in the unauthorised transportation of river sand. On that basis, petitioner is ordered to remit an amount of Rs.1 lakh as the value of the vehicle and informed that, or else, the vehicle will be confiscated. It is this order, which is under challenge. 2. Although petitioner has filed an affidavit attempting to explain the delay in filing the writ petition, the explanations offered are unsatisfactory. Even otherwise, a reading of Ext.P2 order shows that in response to the notice issued, petitioner appeared before the District Collector and confessed that the transportation was without a pass. There is no reason to disbelieve the factual finding entered by the District Collector WPC No. 28440/10 :2 : based on the submissions made by the petitioner himself. In that view of the matter, I am not persuaded to interfere with the proceedings. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp