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. 19859 of 2009(B) -------------------------- PETITIONER(S): --------------- O.ABDURAHIMAN, S/O.ABDULLA, AGED 35 YEARS, OTHAYAMANGALATH HOUSE, CHEROOPA AMSOM, VALAYANNUR AMSOM, KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.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.19859 of 2009 ---------------------------------------- Dated this the 13th day of August, 2009. JUDGMENT The vehicle belonging to the petitioner bearing registration No.KL-11/V6462, a 2005 model mini lorry was seized by the Sub Inspector of Police, Mavoor Police Station on 24.11.2008 on the allegation that it was used for illicit transportation of river sand. The matter was enquired into at the instance of the respondent, District Collector, who passed Ext.P1 order on 2.7.2009, finding that infraction of the provisions of law has been made out. The Collector directed the petitioner to remit an amount of Rs.1,50,000/- for redeeming the vehicle. This has been challenged in this writ petition. 2. The files leading to Ext.P1 have been produced by the learned Government Pleader and I have perused the same. 3. Admittedly, the transportation of the sand was without the aid of a pass. It is also W.P.(C).No.19859 of 2009 :: 2 :: significant to note that this is the 3rd instance of illicit transportation of river sand, by the petitioner, which was detected by the respondent. I find no reason to interfere with the finding in Ext.P1. The transportation of river sand by the petitioner on 24.11.2008 was illegal. 4. Learned counsel for the petitioner submits that the value of the vehicle has been fixed much higher than the actual value, at Rs.1,50,000/-. 5. I find force in this submission. At any rate, the files do not reveal any report from the competent authority as far as the fixation of the value of the vehicle is concerned. 6. Accordingly, Ext.P1 is affirmed insofar as it finds that the petitioner was indulging in illicit transportation of river sand and insofar as the Collector has found that the vehicle is liable for confiscation for the contravention of the provisions of the Kerala Protection of River Banks (Protection W.P.(C).No.19859 of 2009 :: 3 :: and Regulation of Removal of Sand) Act, 2002. Ext.P1 shall stand set aside insofar as it relates to the fixation of the value of the vehicle is concerned. Revised orders, in this regard, shall be passed within four weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge