IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 35481 of 2008(Y) -------------------------- PETITIONER(S): --------------- ASIK, S/O.SAIDALI, AGED 30 YEARS, MULLAPPALLI HOUSE, P.O.OLAVANNA, KOZHIKODE. BY Mr.R.SUDHISH, ADVOCATE Ms.M.MANJU, ADVOCATE RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35481 of 2008 --------------------------------- Dated, this the 3rd day of February, 2009 J U D G M E N T Challenge is against Ext.P1, an order passed by the respondent exercising his power under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. 2. When the matter was taken up, the learned counsel raised two contentions. One is that the mahazar prepared at the time of seizure was not given, and that fine of Rs.25,000/- has been imposed. 3. In so far as the complaint that the mahazar prepared at the time of seizure was not given, pursuant to the order passed by this Court on 22/01/2009, the learned Government Pleader has produced a copy of the Mahazar. Further this complaint is not seen urged in the enquiry that preceded Ext.P1. In so far as the fine that is imposed on the petitioner is concerned, that is erroneous and is therefore liable to be deleted. 4. The learned counsel also contended that what was seized from the vehicle was quarrying powder and not river sand. This WP(C) No.35481/2008 -2- contention is belied by the contents of the mahazar itself. 5. Therefore, Ext.P1 order to the extent it imposes fine on the petitioner is set aside and it is directed that if the petitioner remits an amount of Rs.2 lakhs as directed in Ext.P1 towards the cost of the vehicle, the vehicle will be released. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg