IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WA.No. 1063 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.16444/2010 .................... APPELLANT/PETITIONER ------------------------- AJITH.C.K., S/O.KUMARAN.C.V, AGED 31 YEARS, CHEERATHVALAPPIL HOUSE, THEVALASSERY, VATTAMKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. THE TAHSILDAR, PONNANI TALUK, MALAPPURAM DISTRICT. 3. ANAKKARA GRAMA PANCHAYATH, KUMBIDI, REPRESENTED BY ITS SECRETARY, PALAKKAD DISTRICT. 4. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM DISTRICT. R1,2&4 BY G.P. SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1063 of 2010 .................................................................... Dated this the 24th day of June, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to interfere with Ext.P6 adjudication order issued by the District Collector directing payment of Rs.3.5 lakhs towards value of the vehicle in lieu of confiscation. We have heard counsel appearing for the appellant and Government Pleader appearing for the respondents. 2. Appellant's specific case is that the vehicle was covered by Ext.P2 Pass. On going through the Pass, we find that it is issued for the very same vehicle seized on the same day. The difference is only ten minutes in the time for commencement of the journey. Further, the Panchayat has issued Ext.P7 certificate, though later, by confirming that the Pass was really issued to the appellant's vehicle for transport of sand on the same date. However, Government Pleader pointed out that while the Pass was issued for transport of sand from one destination, 2 the vehicle was seen at a place different from the same. Considering the facts and circumstances of the case, we feel the appellant is entitled to leniency in the matter. Consequently we allow the Writ Appeal by vacating the judgment of the learned Single Judge and by disposing of the W.P.(C) by modifying District Collector's order reducing the payment from Rs.3,50,000/- to Rs.50,000/-. The District Collector will release the vehicle on payment of Rs.50,000/- by the appellant and after making endorsement in the RC book that the vehicle was once involved in an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, so that if offence is repeated, more severe action could be taken. Further, release should be made after unloading the sand. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms