IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 32046 of 2009(A) --------------------------------------- PETITIONER(S): ----------------------- JOHNSON, S/O.RAJAPPAN, 11/1034F, J.S.BHAVANAM, KALLUVATHUKKAL, KOLLAM DISTRICT. BY ADV. MR.BLAZE K.JOSE RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, PALAKKAD. 2. CIRCLE INSPECTOR OF POLICE, KASABA POLICE STATION, PALAKKAD. R1 & R2 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, ALONG WITH WP(C) NO. 32072 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32046/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REG. NO.KL-02-V-7900. EXT.P2: COPY OF THE CASH BILL FROM RAJENDRA TRADERS. EXT.P3: COPY OF THE TAX INVOICE OF K. ABDUL RAHIMAN. EXT.P4: COPY OF THE DELIVERY NOTE VAT RULES DATED 17/10/2009 TO ABDUL RAHIMAN. EXT.P5: COPY OF THE FIR AND SCENE MAHASSAR IN CRIME NO.399/2009 OF KASABA POLICE STATION, PALAKKAD. EXT.P6: COPY OF THE PETITION TO DISTRICT COLLECTOR. EXT.P7: COPY OF THE ORDER NO.LRG 3-2009/5249/9 DATED 04/11/2009 BY THE DISTRICT COLLECTOR DATED 04/11/2009. EXT.P8: COPY OF THE ORDER IN B14-62472/09 DATED 21/08/2009 OF THE DISTRICT COLLECTOR, TVPM. EXT.P9: COPY OF THE INTERIM ORDER IN WP(C) NO. 31197 OF 2009 DATED 06/11/2009. EXT.P10: COPY OF THE DECISION OF THE CABINET SUB COMMITTEE IN THE MINUTE HELD ON 06/01/2010. EXT.P11: COPY OF THE ORDER IN LRC.3-2009/54110/9 DATED 15/01/2010 OF THE DISTRICT COLLECTOR, PALAKKAD. EXT.P12: COPY OF THE REVIEW PETITION FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 32046/2009-A & 32072/2009-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010. JUDGMENT These two writ petitions challenge the orders passed by the District Collector, whereby the District Collector imposed fine of Rs.50,000/- on the respective petitioners for the alleged violation of the provisions of Mines and Minerals (Development and Regulation) Act, 1957 for transporting sand. The petitioners’ case in both these writ petitions are identical. Both these cases involve transportation of sand from Gopalapuram in Tamil Nadu, on 17.10.2009. It was for one Shri Abdul Rahiman. It is pointed out that they remitted the required cash amount to Rajendra Traders Branch Office in Gopalapuram. Documents have been produced as Exts.P2 to P4 in both the writ petitions. They have remitted tax at the commercial tax check post in Kerala. The vehicles were seized by the Sub Inspector of Police, Kasaba Police Station, Palakkad alleging illicit transportation of river sand from Tamil Nadu, against the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and crime was also registered. It was contended that there is no illegal transportation of river sand. Later, they moved the District Collector in the wpc32046 & 32072 /2009 2 matter and final orders were passed by imposing a fine of Rs.50,000/- each. 2. The respondents have filed a counter affidavit and the petitioners have filed reply affidavits also. 3. The petitioners have filed separate applications, viz.I.A.No.42441/2010 in W.P.(C) NO.32046/2009 and I.A. No.4229/2010 in W.P.(C) No.32072/2009 seeking for a direction to the District Collector to reconsider the matter in the light of the documents produced along with the affidavit. It is pointed out there in that the Government as per G.O.(MS) No.161/09/ID dated 14.12.2009 permitted import of sand by private operators. It is also pointed out that in the light of the above Govt. Order, the District Collector has ordered for release of vehicles seized under similar circumstances. Copies of the orders have produced along with the applications. 4. A counter affidavit has been filed in the writ petitions by the Junior Superintendent attached to the office of the District Collector. But in the light of the claim raised now based on subsequent developments, the matter will have to be considered by the District Collector as it is pointed out by the learned counsel for the petitioners that vehicles carrying sand from other States have been released by the District Collector without imposing any fine like the one imposed against the petitioners. Therefore, wpc32046 & 32072 /2009 3 the request made by the petitioners for a reconsideration will be gone into by the District Collector in accordance with law. 5. Heard learned counsel for the petitioners and learned Govt. Pleader. I have not considered anything on the merits in view of the prayer now made by the petitioners. 6. In the light of the prayer now made by the petitioners, the writ petitions are disposed of as follows: There will be a direction to the District Collector to consider and pass orders on Ext.P12 in both the writ petitions after hearing the petitioners, within three weeks from the date of receipt of a copy of this judgment. The contention raised by the petitioners based on the various orders produced along with the writ petition, will be considered. Appropriate orders will be passed in accordance with law. No costs. (T.R. Ramachandran Nair, Judge.) kav/