IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 11791 of 2004(D) -------------------------- PETITIONER(S): --------------- HANEEFA. C., CHKKARATHODI HOUSE, PANGU SOUTH, KOLATHUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. G.P. SRI.MATHEW VADAKKEL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SEIZURE MAHAZAR PREPARED BY R2 DT.17.12.2003. P2: TRUE COPY OF ORDER PASSED BY R1 DT. 16.2.2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.11791 of 2004 .................................................................... Dated this the 14th day of July, 2009. JUDGMENT The petitioner is challenging Ext.P2 order whereunder the Collector has levied a penalty of Rs.80,000/- which is 50% of value of the truck involved in the illegal transport of river sand. On going through the contentions raised by the petitioner and after hearing counsel for the petitioner and Government Pleader, I feel some leniency is called for because vehicle is involved in the offence for the first time and there is no allegation that the registered owner was involved in similar case at any time before. In the circumstances, Ext.P2 is modified by reducing the fine from Rs.80,000/- to Rs.27,500/-. Since petitioner has already remitted Rs.7,500/-, the petitioner shall deposit the balance amount of Rs.20,000/- within six weeks from now. However, reduction is granted on a further condition that petitioner will pay the balance amount of Rs.20,000/- within six weeks and if payment is not made, penalty refixed by this court shall stand increased by Rs.5,000/- and in that event Rs.25,000/- will be encashed from out of Bank Guarantee furnished by the petitioner and the Bank Guarantee for the balance amount furnished by the petitioner under interim 2 orders of this court will stand cancelled. If petitioner makes payment of Rs.20,000/- within six weeks, Bank Guarantee will be returned after receipt. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms