IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 5696 of 2010(J) ------------------------- PETITIONER: --------------- SAFNAS, S/O. MUHAMMED, KARUVAKUNNAN HOUSE, VADAKKUMRI,URANGATTIRI, MALAPPURAM. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.5696 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T Aggrieved by Exhibit P3 order passed by the District Collector directing to remit a fine of Rs.75,000/- for the alleged violation of the provisions of the Kerala Protection of River Banks and Sand Mining Act, 2008, this Writ Petition has been filed. 2. The vehicle of the petitioner bearing No.KL -11 N 1101 was seized alleging illegal transportation of river sand. 3. It is pointed out that the order passed by the first respondent is bad in law, since the fine has been imposed without getting valuation of the vehicle. 4. The learned Government Pleader on getting instructions submitted that while passing Exhibit P3 valuation of the vehicle has not been assessed by the competent authority. 5. In that view of the matter, Exhibit P3 is set aside. There will be a direction to the 1st respondent take a fresh decision after hearing the petitioner within a period of three weeks. If the vehicle is still remaining loaded with the sand, the W.P.(C)No.5696/10 -2- sand will be unloaded and will be disposed of in accordance with the law. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE dsn