IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 4070 of 2009(H) ------------------------- PETITIONER(S): --------------- JEMSHEER K, S/O. KARAT NAZER, KARAT HOUSE P.O. MAMPAD, MALAPPURAM DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. THE TAHSILDAR, NILAMBUR TALUK, MALAPPURAM DIST. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. MR.M.A.ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.4070 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P3, an order passed by the District Collector exercising his powers under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. In this order, finding that the autorickshaw bearing Regn.No.KL-13/P-3051, a 2005 model one, was involved in the unauthorised transportation of river sand, the petitioner has been ordered to remit Rs.30,000/- being the value of the vehicle to the River Management Fund. 2. The learned counsel submits that the sand in question was transported by the petitioner for construction of his house. 3. However, a reading of Ext.P2 objection and Ext.P3 order passed by the Collector show that apart from making the said assertion, the petitioner has not produced any evidence showing that he was constructing the house as claimed. He could have produced at least the building permit issued by the local authority for the construction of the residential house or plan or any other acceptable WP(C) No.4070/2009 -2- document. In the absence of any such document, I cannot find fault with the District Collector, for the view that he has taken in Ext.P3. If that be so, the findings of the amount in Ext.P3 cannot be disturbed. Therefore, the writ petition fails and is dismissed. (ANTONY DOMINIC, JUDGE) jg