IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 16259 of 2009(B) -------------------------- PETITIONER(S): --------------- ELYAS, S/O. MOHAMMED KATTAYATH PUTHIYAVEETTIL HOUSE, SOPPUMPADI, PATTUPONNANI P.O., PONNANI SOUTH, MALAPPURAM DISTRICT BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION, THRISSUR. BY ADV. SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16259 of 2009 -------------------------- Dated this the 9th July,2009 J U D G M E N T A tipper lorry belonging to the petitioner was seized on 6.1.2009 by the 2nd respondent, on the allegation that it was engaged in the illegal transportation of river sand. After enquiry, the District Collector has passed final orders in terms of Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 r/w Rules 27 and 28 of Kerala Protection of River Banks and Regulation of Removal of Sand Rules 2002 finding that the vehicle was engaged in the illicit transportation of sand and permitting the petitioner to redeem the same on payment of an amount of Rs.1,80,000/-. It seems that the petitioner's vehicle was even earlier detected to have been involved in the same offence and therefore the present offence is the second one. Exhibit-P2 order has been challenged in the writ petition. W.P ( C) No.16259 of 2009 2 It is not the case of the petitioner that the transportation was not accompanied by a pass. It is therefore clear that the vehicle was engaged in illicit transportation of river sand. The vehicle is of the year 2003 and the offence is the second one. I do not find any grounds to interfere with the order impugned in this writ petition. Writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.16259 of 2009 3 W.P ( C) No.16259 of 2009 4