IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WA.No. 1389 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.21635/2010 Dated 13/07/2010 .................... APPELLANT/PETITIONER: --------------------------- UMMER.K., AGED 45 YEARS, S/O.KUNJAHAMMED, KATTIKULANGARA-HOUSE, CHATTIPPARAMBA P.O., KOLATHUR-VIA, MALAPPURAM DISTRICT (R C OWNER KL-19/AE-762) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT/RESPONDENTS: --------------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-675 505. 2. TAHSILDAR, PERINTHALMANNA TALUK, MALAPPURAM - 679 322. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1389 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 13.07.2010 the unsuccessful petitioner in W.P.(C) No.1389 of 2010 has preferred this appeal. 2. By order dated 10.06.2010, the District Collector, Malappuram found the appellant herein guilty of transporting river sand illegally using his vehicle bearing Registration No.KL- 10/AE-762 and therefore ordered confiscation of the abovementioned vehicle. However, as per Rule 27(3) of the Kerala Protection of River Banks & Regulation of Removal of Sand Rules, 2002 the District Collector permitted the appellant herein to redeem the vehicle on payment of the value of the vehicle which was fixed at Rs.5,30,000/-. Challenging the said order, the abovementioned writ petition came to be filed which was dismissed by the judgment under appeal. 3. The only submission made by the learned counsel for the appellant is that the vehicle in question was not transporting river sand but ordinary sand and therefore, the provisions of the WA No. 1389 of 2010 -:2:- abovementioned Act and Rules do not apply. 4. The question whether the vehicle was carrying river sand or ordinary sand is a question of fact. Nothing is brought to our notice from the record that the petitioner has taken such a stand at any stage during the pendency of the confiscation proceedings. On the other hand, it appears from Ext.P2 order that the appellant herein pleaded guilty in the proceedings before the Collector. No contemporaneous piece of evidence is available on record or brought to our notice to establish that such a finding is inconsistent with the the stand taken by the appellant in the proceedings for confiscation. In the circumstances, we do not see any reason to interfere with the judgment under appeal. The appeal is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No. 1389 of 2010 -:3:-