IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2021 of 2008(N) ------------------------- PETITIONER: ------------ ABDUL RASHEED, AGED 35 YEARS, S/O MOIDEENKUTTY HAJI, PACHEERIKUTHU HOUSE, CHERUKARA P.O., PERINTHALMANNA TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE, PERUNTHALMANNA. 2. THE SECRETARY, PERUNTHALMANNA MUNICIPALITY, PERUNTHALMANNA. BY GOVT. PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) Nos. 2021 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT The challenge in this Writ Petition is against Ext.P3. Ext.P3 is a proceeding of the District Collector issued under Rule 27 of Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2002, finding that the mini lorry bearing registration No.KL-01 D 9959 was engaged in the unauthorized transportation of river sand. On this finding, by this order the petitioner is called upon to pay Rs.40,000/- towards the value and Rs.25,000/- towards fine. Ext.P3 order itself show that Ext.P2 letter from the Secretary of the Perinthalmanna Municipality was received by the respondent. A reference to Ext.P3 discloses that the contents of Ext.P2 is not dealt with in Ext.P3 order. Ext.P2 letter shows that the construction of a waste treatment plant of the Municipality was at the final stages. It is stated that although 20 trucks of sand were allotted to the Municipality, the Municipality got only 11 trucks and it is in order to meet that requirement, the sand in question was transported by the petitioner. The Municipality also had requested that sand should be released to the Municipality. It is WPC No. 2021 OF 2008 2 the case of the petitioner, that acting upon Ext.P2 the sand in question seized from the petitioner be released to the Municipality. 2. If that be so, I am not prepared to hold the petitioner guilty of having transported river sand unauthorisedly. If the petitioner is guilty as now found in Ext.P3, there was no reason for the 1st respondent to have released the sand to the Municipality acting upon Ext.P2. Therefore, Ext.P3 order cannot be sustained. Accordingly, I quash Ext.P3 and direct that the vehicle having registration No.KL-01 D 9959 shall be released to the petitioner forthwith, upon the production of a copy of this judgment. ANTONY DOMINIC, JUDGE btt WPC No. 2021 OF 2008 3