IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 6307 of 2009(G) ------------------------- PETITIONER(S): ------------------ HANEEFA P.T, AGED 29 YEARS, S/O.MOHEMMAD, PUNNAPURATHODI HOUSE, KADAMPUZHA P.O, TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT. VIDYAMANUVILASAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DT. 2. THE SUB INSPECTOR OF POLICE, TIRUR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6307 OF 2009 ------------------------ Dated this the 12th day of March, 2009. JUDGMENT Challenge in this writ petition is against Ext.P2, an order passed by the first respondent exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. By this order, the 2004 model Mahindra Tipper Nissan Lorry bearing registration No.KL- 10 S-3440, of which the petitioner claims to be an agreement owner is found to have violated the provisions of the aforesaid Act and on that basis he has been directed to remit an amount of Rs.3,10,000/- being the value of the vehicle to the River Management Fund. 2. First of all, even going by the order, the quantity of river sand alleged to have been found in the vehicle is very little and therefore it is for the respondents to consider what appropriate order to be passed in the circumstances. WP(c).No.6307/09 /2/ The value that has been fixed, in my view also appears to be on the higher side. Necessarily, the value has to be fixed on an assessment by an expert from the Motor Vehicles Department. Therefore on both the aforesaid grounds, I am inclined to set aside Ext.P2 and direct its reconsideration. Accordingly Ext.P2 is set aside and the first respondent is directed to reconsider the matter with notice to the petitioner and pass fresh orders, as expeditiously as possible. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6307/09 /2/