IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 19752 of 2009(L) -------------------------- PETITIONER(S): --------------- O.P.MUHAMMED @ KUNCHIPPA S/O. MOHAMMED OTAKATHUPARAKKAL HOUSE, MUDIKODU.P.O., KADAMKODE, MALAPPURAM. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK OFFICE, ERNAD, MANJERI. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19752 of 2009 ---------------------------------------- Dated this the 13th day of August, 2009. JUDGMENT The petitioner is the registered owner of a Mini Lorry of 2007 model bearing registration No.KL- 10/AA5895. The vehicle was seized on 6.1.2009 by the 2nd respondent alleging illicit transportation of river sand in contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act, 2002. 2. The files were forwarded to the District Collector, who proceeded to pass final order, Ext.P3, fixing the value of the vehicle at Rs.1,50,000/- and directing confiscation of the vehicle, if the said amount is not deposited. That has been challenged in this writ petition. 3. The files were produced by the learned Government Pleader and I have perused the same. I W.P.(C).No.19752 of 2009 :: 2 :: heard learned counsel for the petitioner and the learned Government Pleader. 4. The files show that the District Collector had proposed a hearing on 22.1.2009. But the petitioner had not turned up for the said hearing. But nevertheless, on a request made by the petitioner, the case was then again posted for a hearing before the District Collector and it was actually heard on 12.2.2009. No written objections were filed by the petitioner on 12.2.2009. The explanation offered by him was that though the vehicle was parked in the kadavu and was in the process of getting sand loaded, he had gone to obtain a pass. It is difficult to accept this explanation. The vehicle can be used for transportation of sand and sand could be loaded on the vehicle only after the issuance of a pass in that regard. At any rate, therefore, loading of sand on the vehicle before obtaining a pass was clearly illegal. W.P.(C).No.19752 of 2009 :: 3 :: Illicit transportation of river sand in contravention of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act, 2002 is, therefore, made out in this case. I find no reason to disturb the said finding in Ext.P3 order. 5. Learned counsel for the petitioner contends that the value of the vehicle has been fixed on the higher side and that there are no materials on the basis of which the value was fixed. This submission is correct. 6. Ext.P3 is, therefore, affirmed to the extent to which the District Collector finds that there has been illicit transportation of river sand by the petitioner using the vehicle bearing registration No.KL-10/AA5895. But, it is set aside in relation to the fixation of the value of the vehicle. The District Collector shall pass fresh orders within four weeks from the date of receipt of a copy of this judgment, W.P.(C).No.19752 of 2009 :: 4 :: after hearing the petitioner, after getting the value fixed by a competent authority under the Motor Vehicles Act. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge