IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WA.No. 944 of 2010 ---------------------- AGAINST THE JUDGEMENT IN WPC.13628/2010 DATED 19.5.2010 .................... APPELLANT/PETITIONER --------------------------- K.C.VIJAYAN, S/O. CHANDRASEKHARAN, CHIRATHARA HOUSE, NEERETTUPURAM, THALAVADY, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. 2. SUB INSPECTOR OF POLICE, EDATHUA POLICE STATION, ALAPPUZHA DISTRICT. 3. THE TAHSILDAR, KUTTANAD TALUK, ALAPPUZHA DISTRICT. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.944 of 2010 ------------------------------------------ Dated this the 15th day of June, 2010 JUDGMENT J.Chelameswar, C.J. This writ appeal is preferred by the petitioner in W.P.(C) No.13628 of 2010 aggrieved by the judgment dated 19th May, 2010. 2. The vehicle of the appellant was confiscated for violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereof. The appellant was directed to pay an amount of Rs.86,000/- which represents the costs of the vehicle in lieu of confiscation. Aggrieved by the same, the appellant herein preferred the abovementioned writ petition. By the judgment under appeal, the learned Judge dismissed the writ petition and hence this appeal. 3. The learned counsel for the appellant submits that in view of the language of Section 23 of the abovementioned Act, the confiscation of the vehicle could not have been resorted to unless WA No.944 of 2010 - 2 - the owner of the vehicle is prosecuted and found guilty for violation of the Act, an interpretation which stood repelled by a Division Bench of this Court in the case reported in Abdu Rahiman v. District Collector, Malappuram (2009 (4) KLT 485). In the circumstances, we do not see any merit in the appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns