IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 13836 of 2009(Y) -------------------------- PETITIONER(S): --------------- HAMEED V.C., S/O KUNHAYIN, VELLACHALIL VEEDU, VELIMANNA, OMASSERY, KOZHIKODE. BY ADV. SRI.C.A.MAJEED RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 2. TAHSILDAR, TALUK OFFICE, ERANADU, MALAPPURAM DISTRICT. BY SRI. P. NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 13836 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2009 J U D G M E N T A mini lorry bearing registration no. KL 11C 7722 belonging to the petitioner was seized by the second respondent on 18.01.2009, on the allegation that it was unauthorisedly transporting sand. The matter was then placed before the District Collector who commenced proceedings under Section 23 of the sand Act. A final order passed by the District Collector on 31.03.09 finding that the vehicle is liable to be confiscated is under challenge in this writ petition. I have called for the files leading to the impugned order and I have perused the files. The registered notice proposing a hearing in the matter of seizure and confiscation of the vehicle was in the first instance despatched from the Collectorate on 5.2.2009. A hearing was proposed on 9.2.2009. The petitioner submitted that he received a notice of hearing only on 10.2.2009. He requested for a hearing on some WPC.No. 13836 OF 2009 : 2 : other date. In fact he did not take any contention that the consignment was supported by a pass. The petitioner submitted a representation on 19.2.2009 with a request that the vehicle be released after levying a nominal fine. A fresh hearing was conducted on 10.3.2009 and another registered notice dated 26.2.2009 was despatched on 27.6.2009. There was no response by the petitioner. 2. District Collector considered the materials on record and rightly came to the conclusion that the transportation of sand is unauthorized. There was no pass and there was no explanation for the absence of the same. District Collector issued a direction to remit Rs.62,500/- to the River Management Fund failing which the vehicle will be confiscated. I do not find any grounds to interfere with Ext.P2. The finding that the vehicle was used for illegal transportation of sand is perfectly justified. There was not even an attempt by the petitioner to explain the legitimacy of the consignment or the transportation. The value of the vehicle has been fixed on a reasonable basis. WPC.No. 13836 OF 2009 : 3 : 3. I find no reason to interfere with Ext.P3. The writ petition is dismissed. If the petitioner pays the amount fixed under Ext.P3 within six months from today, the vehicle in question shall be released to the petitioner. (V.GIRI, JUDGE) jma