IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 19181 of 2005(H) -------------------------- PETITIONER: ------------ K.ACHUTHAN, S/O.CHANDRAN, ANU NILAYAM, THADATHIL, HARIPURAM. BY ADV. SRI.M.THAMBAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARGOD. 3. THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, KASARGOD AT KANHANGAD. 4. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.19181/2005 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. --------------------------------------- W.P.(C) No.19181 OF 2005 -------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the owner of a lorry bearing registration No.KL-14/E-2375. The said vehicle was seized by the Revenue Divisional Officer and kept in the police station. Later, it was released on payment of Rs.10,000/- to the River Management Fund, as evident from Ext.P1. The petitioner submits that he had a valid permit for transporting the sand. Even if, there is any irregularity, the maximum fine that could be imposed on him under the provisions of the Kerala Miner Mineral Concessions Rule 1967 is only Rs.5,000/-. So, the respondents may be directed to refund the amount paid as per Ext.P1. 2. The vehicle, which was seized on the allegation that it was used for transporting river sand is liable to be confiscated. In that event, the vehicle can be released only on paying the value of the vehicle. In fact, by the irregular procedure followed by the respondents, the petitioner has stood to gain. Therefore, there is no reason for him to demur. If this W.P.(C) No.19181/2005 2 Court quashes the collection of amount and remits the matter to the District Collector for fresh disposal, graver consequences may befall the petitioner. Therefore, it is unnecessary for this Court to interfere with the impugned order, which is favourable to the petitioner herein. Accordingly, this writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) ps