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. 21293 of 2009(F) --------------------------------------- PETITIONER(S): ----------------------- SULAIMAN,S/O. BEERAN, AGED 51 YEARS, MANNINGAL HOUSE, ALINGAL, TRIPRANGOD VILLAGE, TIROOR TALUK. BY ADVS.MR.T.V.GEORGE MR.JIMMY GEORGE (THADATHIL) RESPONDENT(S): ------------------------- 1. TAHSILDAR, TALUK OFFICE,TIRUR 2. DISTRICT COLLECTOR, MALAPPURAM 3. TRIPRANGOD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, TRIPRANGOD. BY GOVT. PLEADER MR.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. 21293 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 13th day of August 2009. JUDGMENT Petitioner is the registered owner of 2003 model Tata 407 Mini lorry, bearing registration No.KL-08-Z/9485. According to the petitioner, the vehicle was loaded with river sand at 2.55 p.m. at Colony Kadavu on the basis of Ext.P1 pass issued by the third respondent. The pass noted entry time of 2.55 p.m. on 24.02.2009 as the time for taking delivery of the sand and transporting the same. But at 4.20 p.m., on the same day, the vehicle was inspected by the first respondent and seized as per Ext.P2 seizure mahazar. Thereafter, the matter was considered by the District Collector who passed Ext.P4 order finding that the vehicle was involved in the illicit transportation of river sand and is therefore liable for confiscation. Ext.P4 has been challenged in this writ petition. 2. The Government Pleader has produced the files relating to Ext.P4. I have perused the same. 3. Admittedly, the pass which was issued to the petitioner as claimed by him shows the time for removal therein as W.P.(C). No. 21293 OF 2009 2 2.55 p.m. There is no dispute that the vehicle was seized at 4.20 p.m. There is no tenable explanation for the vehicle remaining at the Kadavu for almost 1½ hours after the time mentioned in the pass. The explanation sought to be afforded by the watchman of the Kadavu was rightly not accepted by the District Collector. If the holder of a pass is not in a position to remove the sand within the permitted time, then the normal procedure is to surrender the pass and revalidate for the next day or for some other time. That was not done in the instant case. 4. I have perused the explanation given by the petitioner and I have perused Ext.P4 order as well. I am of the view that the finding in Ext.P4 that the vehicle was involved in the illicit transportation of river sand is justified and does not warrant interference. 5. But I find force in the submission by the learned Counsel for the petitioner that the value of the vehicle has been fixed on the higher side. The file does not show that the valuation was fixed by a competent authority of the Motor Vehicle Department; nor was the petitioner heard in this regard. W.P.(C). No. 21293 OF 2009 3 6. Accordingly, Ext.P4 is affirmed to be extend to which the District Collector finds that the vehicle bearing registration No.KL-08-Z/9485 was involved in the illicit transportation of river sand on 24.02.2009 and is therefore liable for confiscation under the provisions of the Sand Act. But it is set aside in so far as it has fixed the value of the vehicle. The District Collector shall pass a fresh order fixing the value of the vehicle and quantifying the amount which the petitioner will have to remit to the River Management Fund in this regard within 3 weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/