IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WA.No. 1008 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32242/2009 Dated 15/12/2009 .................... APPELLANT(S): PETITIONER IN WPC: -------------------------------- AJITH, M.V., S/O.VIJAYAN, AGED 39 YEARS, IYYANI MANDAMPULLY HOUSE, P.O.CHETTUVA, ENGANDIYOOR, THRISSUR DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION, THRISSUR. BY G.P. SMT. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. No. 1008 of 2010 -------------------------------------------- Dated this the 23rd day of June, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Government Pleader for the respondents. Writ Appeal is filed against the judgment of the learned single Judge declining to interfere with Ext.P3 order issued by the District Collector under Section 27(3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act directing the appellant to pay Rs. 7.25 lakhs towards value of vehicle. Appellant's case is that sand seized is brought from Tamil Nadu and not river sand procured from Kerala. He has produced Ext.P2 which shows that Sub Inspector of Vadanappally on being satisfied released the goods prior to seizure by another police officer. It is seen that vehicle involved is Swaraj Mazda of 2007 make having a weight of 8.72 tonnes. Appellant has also produced circular issued by Government and Annexure C and D orders issued in similar cases by District Collector. We notice while Annexure C is an order for release of sand and vehicle pending 2 adjudication, Anneuxre D order is for release of vehicle on payment of Rs. 50,000/- for each vehicle. It is seen that several vehicles are involved and all such vehicle are stated to be involved in the transport of sand from Tamil Nadu to Kerala. Considering the documents produced and since another Sub Inspector has screened the transport and released it, we feel a lenient view is called for. Therefore Writ Appeal is allowed by setting aside the judgment of the learned single Judge. WPC is allowed by reducing the amount payable by the appellant from Rs. 7.25 lakhs to Rs. 50,000/-. On remittance of Rs.50,000/- sand should be unloaded and vehicle released with endorsement in the RC book that vehicle is involved in one offence so that if vehicle is involved in repeated offence, more severe action can be taken. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk 3