IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 681 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.4134/2009 Dated 09/02/2009 .................... APPELLANT/PETITIONER: ------------------------------------- P.ABDUL GAFOOR, AGED 33 YEARS, S/O IBRAHIM, PANAKKATTIL HOUSE, P.O.VENGAD, MOORKANAD, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 681 of 2009 ------------------------------------------ Dated, this the 20th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ appeal is filed challenging the order passed by the learned Single Judge dated 9th February, 2009 dismissing W.P. (C) No.4134 of 2009 filed by the appellant herein challenging the seizure of the tipper lorry bearing Registration No.KL-10/T.2357 on 13.9.2008 while transporting river sand without valid authorization/pass and for ordering deposit of Rs.1,40,000/- for release of the vehicle. 2. After hearing the learned counsel and going through the records and the impugned order passed by the learned Single Judge, we do not find any illegality or error for a reconsideration. Admittedly, the appellant did not possess any authorized pass for transportation of river sand. His contention that he had pass is without any basis and proof. Similarly, the contention that copy of W.A. No. 681 of 2009 - 2 - the mahazar was not served on the appellant is also of no use since no prejudice is caused to the appellant by the non-furnishing of the mahazar. Noting the fact that the vehicle is being used for unauthorized transportation of sand on earlier occasions also, the order passed by the District Collector for seizure and considering the year of make of the vehicle, fixing the value of the seized vehicle at Rs.1,40,000/- appears to be just and proper and as such the impugned order passed by the learned Single Judge needs no interference. The writ appeal stands dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk.