IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 19508 of 2005(V) -------------------------- PETITIONER: ------------ A.G.MATHEWS, S/O.GEORGE, RESIDING AT AYANIKKATTU BUNGLOW, PIDAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 3. THE TAHSILDAR, PATHANAPURAM TALUK OFFICE PUNALAUR, KOLLAM DISTRICT. 4. THE VILLAGE OFFICER, PIDAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 DATED 22.4.2003 TRUE COPY OF ORDER NO.B7803 /2001/K.DIS. PASSED BY 2ND RESPONDENT. EXT.P2 DATED 15.1.2005 TRUE COPY OF ORDER NO. L5-30297/2003/K.DIS. PASSED BY THE FIRST RESPONDENT. EXT.P3 DATED NIL TRUE COPY OF NOTICE NO. LC.22/2001 ISSUED BY THE THIRD RESPONDENT. EXT.P4 DATED 4.6.2005 TRUE COPY OF NOTICE NO. LC 22/2001ISSUED BY THE THIRD RESPONDENT. EXT.P5 DATED 6.6.2005 TRUE COPY OF NOTICE ISSUED BY THE THIRD RESPONDENT. EXT.P6 DATED NIL TRUE COPY OF SNOTICE NO. LC 18/02 ISSUED BY THE THIRD RESPONDENT. EXT.P7 DATED 6.6.2005 TRUE COPY OF NOTICE NO. LC 18/02 ISSUED BY THE THIRD RESPONDENT. EXT.P8 DATED 26.6.2005 TRUE COPY OF NOTICE NO. B6/18/02 ISSUED BY RESPONDENT NO. 3 EXT.P9 DATED 6.3.2000 TRUE COPY OF THE AUCTION CERTIFICATE. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19508 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioner is challenging Ext.P1 order of the Sub Collector in appeal and Ext.P2 order in revision issued by the District Collector confirming the order of the Tahsildar demanding Rs. 60,000/- towards value of sand removed by the petitioner from the Kallada river during April-May, 2001. Petitioner has not produced copy of mahazar issued by the Village Officer, based on which the Tahsildar has raised the demand. Petitioner has also not produced adjudication order issued by the Tahsildar against which appeal and revision were filed which led to Exts.P1 and P2 orders. Petitioner's case appears to be that the property adjoining river delta was sold in court auction to one Mrs. Shantini in the year 1999. However, it is the finding of the lower authorities that the said Mrs. Shantini Rabekka Mathew is none other than the petitioner's wife and even though the land was bid in favour of her on 23.11.1999, mutation was effected only on 22.4.2002. However, Land Conservancy Case was booked against the petitioner on 16.5.2001. Petitioner has no case that he has any right to remove sand from the river. In other words, Government's right to recover cost for 2 unauthorised removal of river sand is not under challenge. Even though petitioner has put up a case that another person had licence to remove the sand and he was using the road over his property, petitioner did not produce any evidence to substantiate the same. Petitioner who contested the adjudication proceedings in appeal and revision obviously has not produced the adjudication order and the mahazar and he has suppressed these materials from this Court disabling this Court from considering the contents of the same. I do not think this Court can interfere in this proceedings with impugned orders sitting in appeal over the findings of fact entered by the lower authorities based on details gathered through inspection which are contained in the mahazar. Since three authorities concurrently found that the petitioner has removed 60 load of sand from the river without any authority, and the demand of cost per load comes to Rs. 1000/- only, I do not find any ground to interfere with impugned orders. Writ Petition is therefore dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3