IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 3992 of 2006(A) ------------------------------------- PETITIONER: ------------------- P.V.ELIAS @ SABU, S/O.VARGHESE, AGED 52 YEARS, PARAKKATTU HOUSE, NOW RESIDING AT MARETH PAYYANAMYALIL, KANJIRAMATTOM. BY ADV. SRI.P.P.JACOB. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANADU. 2. THE TAHSILDAR, KANAYANNOOR TALUK OFFICER. BY GOVT. PLEADER SRI. MOHAMMED ANZAR.K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3992/2006-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DTD. 24/01/2006. EXT.P.2: COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DTD. 27/01/2006. EXT.P.3: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 09/03/2005. EXT.P.4: COPY OF THE LETTER ISSUED BY K.M. GEORGE OF THE PETITION DTD. 03/01/2006. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER ON 30/12/2005. EXT.R2.B: COPY OF THE APPLICATION SUBMITTED BY THE LAND OWNER BEFORE TAHSILDAR ON 24/01/2006. EXT.R2.C: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, KANAYANNUR TO THE R.2. ON 03/04/2006. EXT.R2.D: COPY OF THE APPLICATION SUBMITTED BY THE OWNER OF THE VEHICLES BEFORE THE DISTRICT COLLECTOR ON 25/01/2006. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 3992 OF 2006 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T Petitioner approached this Court aggrieved by Exhibit P2 order whereby he has been informed that a fine to the tune of Rs.15,000/- has been imposed on his vehicle for unauthorized use of the vehicle for transporting sand. 2. According to the petitioner, there is no unauthorized transportation of sand. Exhibit P3 would indicate that there is no such unauthorized transportation. Therefore, petitioner prays for refund of the amount. It is for the petitioner to approach the District Collector pointing out also Exhibit P3, in which case, appropriate action in accordance with law in the matter will be taken by the first respondent, taking into consideration also Exhibit P3, with notice to the petitioner within another three months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 3992 OF 2006 J U D G M E N T 27.06.2008