IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 643 of 2008(B) ------------------------ PETITIONER: ------------ MUJEEB RAHMAN, S/O. MOIDEEN HAJI, AGED 28 YEARS, KAVARTHODIYIL HOUSE, P.O.PERASSANUR, KUTTIPPURAM, MALAPPURAM DISTRICT. (R.C. OWNER OF THE VEHICLE KL-10/A - 5853). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT. 2. TAHSILDAR, PONNANI TALUK, PONNANI, MALAPPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) Nos. 643 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT Proceedings were initiated against the petitioner's lorry having registration No.KL-10-A-5853, on the allegation that it was involved in the unauthorised transportation of sand. The matter reached the 1st respondent, who passed Ext.P4 order exercising his powers under Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules 2002. 2. The complaint raised by the petitioner is that his objections were not considered. In so far as this contention is concerned, I am not inclined to accept the same. On a reading of Ext.P4, it indicates that in the application made by the petitioner for release of the lorry, it was confessed by the petitioner himself that he was transporting river sand without any pass and that the transportation was in connection with the construction of a mosque. If that be so, the petitioner is confessing his guilt. The further complaint of the petitioner is that he was not heard. In view of the admission made by him, that cannot be said to have caused any prejudice to him. In the light of the above, I do not WPC No. 643 of 2008 2 think that there is any merit in complaining that objections raised were not considered. Whatever be the objection, the fact remains that river sand was transported and there was no valid pass. If so, Ext.P4 order passed is only to be upheld. Lastly the petitioner prays that in view of his financial constraints, he be given an instalment facility to pay the amount of Rs.60,000/- imposed on him by Ext.P4. Having considered the submissions made by the Government Pleader also, I direct that the petitioner will be permitted to pay the amount due under Ext.P4 in four equal monthly instalments. The first instalment shall be paid in the first week of February, 2008 and the subsequent instalments will be payable on the first week of every succeeding month. If the petitioner pays the instalments without default, no coercive action shall be taken and release of the vehicle shall be ordered only after discharging the entire liability. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE btt WPC No. 643 of 2008 3