IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 24826 of 2005(E) -------------------------- PETITIONER(S): --------------- 1. M.M.MATHEW, AGED 51 YEARS, S/O.M.J.MATHEW, MANIPPADOM HOUSE, UDAYANAPURAM PO, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. JAMES ANTONY, PALLIKUNNAM HOUSE, PUZHAVATHU, CHANGANACHERRY, KOTTAYAM DISTRICT. 3. J.J.JOSEPH, THEVERMATTATHIL HOUSE, CHERPUNKAL P.O., PALAI, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE SUB-INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM, KOTTAYAM DISTRICT. 2. THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE P.O., KOTTAYAM DISTRICT. 3. THE DEPUTY COLLECTOR (LR), KOTTAYAM, COLLECTORATE P.O., KOTTAYAM DISTRICT. 4. P.V.UNNIKRISHNAN NAIR, TAHSILDAR, VAIKOM, TALUK OFFICE, VAIKOM, KOTTAYAM DISTRICT. 5. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, COLLECTORATE P.O., KOTTAYAM DISTRICT. 6. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, COLLECTORATE P.O., KOTTAYAM DISTRICT. 7. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, KOTTAYAM. G.P. SRI.TEKCHAND FOR R1TO3 & 5 TO 7 SRI.S.M.PREM FOR R4 SMT.K.P.SANTHI FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX P1: TRUE COPY OF THE DEALER'S LICENCE ISSUED TO THE PETITIONER BY R5, DT.24.6.2005. P2: TRUE COPIES OF THE 'P' FORMS ISSUED BY 1ST PETITIONER TO THE VEHICLES OF 2ND AND 3RD PETITIONER. P3: TRUE COPY OF REPRESENTATION FILED BY 1ST PETITIONER BEFORE R2 DT.30.7.05. P4:.DO. DT.31.7.2005 BEFORE THE CHIEF MINISTER OF KERALA. P5: TRUE COPY OF SEIZURE MAHAZAR DT.30.7.2005 ISSUED BY R4 TO 1ST PETITIONER. P6: TRUE COPY OF COMPLAINT DT.1.8.05 FILED BY 1ST PETITIONER BEFORE R6. P7: TRUE COPY OF REGISTRATION PARTICULARS OF THE VEHICLE SHOWING THE OWNERSHIP OF 2ND PETITIONER. P8: TRUE COPY OF REGISTRATION BOOK OF THE VEHICLE BEARING REG. NO.KL.6- 5385. P9: TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND MR.RAJENDRAN, DT.21.6.2002. P10: TRUE COPY OF ORDER ISSUED BY R2 DT.16.8.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.24826 of 2005 .................................................................... Dated this the 24th day of June, 2009. JUDGMENT W.P.(C) was filed for direction to release the vehicles involved in illegal removal of river sand. This court directed release of vehicle on furnishing Bank Guarantee for Rs.40,000/- i.e. at the rate of Rs.20,000/- each for two vehicles. The Collector has levied penalty of Rs.40,000/-. Even though petitioners are challenging the Collector's order imposing penalty, I do not find any ground to interfere with the same because the reasons stated by the Collector justifying the penalty are tenable. The W.P. is, therefore, disposed of directing the respondents to encash the Bank Guarantee and appropriate the same towards penalty. However, no interest should be recovered from the petitioner for penalty. C.N.RAMACHANDRAN NAIR Judge pms