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. 23187 of 2009(P) -------------------------- PETITIONER: --------------- HANEEFA, S/O.MOHAMMED, 28 YEARS, PUNNAPURATHODI HOUSE, KADAMPUZHA P.O., MALAPPURAM DISTRICT. (OWNER OF VEHICLE KL-18-9951). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB-INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KALPAKANCHERY P.O., MALAPPURAM DISTRICT. 3. THAHSILDAR, TIRUR TALUK, TIRUR, MALAPPURAM DISTRICT. 4. JIMSHAD, S/O.BEERAN, PULLANKULAVAN H.O., KODUR, MALAPPURAM. BY GOVT. 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. 23187 of 2009 -------------------------- Dated this the 13th August,2009 J U D G M E N T Vehicle belonging to the petitioner bearing Reg.No.KL-18-9951 was seized on 11/2/2009 by the 3rd respondent alleging illicit transportation of river sand. The matter was referred to the District Collector who proceeded to pass final order as per Ext.P2 directing the petitioner to remit an amount of Rs.1,40,000/- towards the value of the vehicle. The same has been challenged in the writ petition. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. The finding by the District Collector that the petitioner’s vehicle was involved in the illicit transportation of river sand seems to be justified and does not warrant any interference. Admittedly, the consignment was not accompanied by a pass issued by the competent authority. Petitioner has been heard and relevant aspects have been considered. W.P ( C) No. 23187 of 2009 2 4. I affirm the said finding in Ext.P2. But learned counsel for the petitioner submits that the value of the vehicle has been fixed at an exorbitant rate. This aspect has not been correctly appreciated. It is up to the petitioner to produce the relevant materials before the District Collector to prove that the value of the vehicle is significantly lower than what has now been assessed by the District Collector. Ext.P2 will be set aside to the limited extent and the District Collector shall pass fresh orders re- fixing the value of the vehicle, after notice to the petitioner and after considering any relevant material that he may place on record in this case. Such fresh order shall be passed within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 23187 of 2009 3 W.P ( C) No. 23187 of 2009 4 W.P ( C) No. 23187 of 2009 5 (V.GIRI,JUDG E) ma W.P ( C) No. 23187 of 2009 6 W.P ( C) No. 23187 of 2009 7