IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 17580 of 2009(N) -------------------------- PETITIONER(S): --------------- SANOJ,S/O. SETHUMADHAVAN, AGED 22 YEARS DRIVER, THERAYIL HOUSE, SUKAPURAM P.O., NADUVATTOM DESOM, KUTTIPALAM VILLAGE, PONNANI TALUK, MALAPPURAM DIST. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, A/W. W.P.(C).No.26762/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17580/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER BY R1. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE PETITIN BY SANOJ BEFORE R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).Nos.17580 & 26762 of 2009 ================== Dated this the 19th day of July, 2010 J U D G M E N T In these writ petitions, two persons challenge the same order of the District Collector, Malappuram, passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by which, on a finding that the vehicle involved in these cases has been used for illegal transportation of river sand, the owner of the vehicle was directed to pay an amount of Rs.1,50,000/- towards river management fund as value of the vehicle. In one writ petition, which is filed by the driver of the vehicle, the stand taken is that the sand is not river sand, but ordinary sand. In the other writ petition filed by the registered owner of the vehicle, the stand taken is that the vehicle did not have any sand at all. Such contradictory contentions themselves would go a long way to show the unsustainability of the contentions of the petitioners. Even otherwise, the petitioners have not been able to satisfy me that the sand was not river sand and the same was accompanied by appropriate passes. The District Collector's finding that the vehicle was used for illegally transporting sand, therefore, remains uncontroverted. That being so, I do not find any merit in the challenge against the impugned order. Accordingly, these writ petitions are dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2