IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 14952 of 2010(T) -------------------------- PETITIONER(S): --------------- JANEESH KUMAR,AGED 37 YEARS, S/O.ASOKAN, AZHEEKKAL, KAPPADU PO, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. SUB INSPECTOR OF POLICE, KOILANDY, KOZHIKODE DISTRICT. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14952 of 2010 ================== Dated this the 24th day of May, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transport of river sand in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Ext.P2 is the order passed by the District Collector pursuant to the seizure, whereby the petitioner has been directed to pay an amount of Rs.75,000/- towards River Management Fund as value of the vehicle. The petitioner challenges that order on three grounds. First is that on the basis of a notice dated 16.3.2010, a hearing has been conducted on 17.3.2010, which is not an adequate notice. The second is that the Collector has relied upon a report of the police, a copy of which has not been supplied to the petitioner. The third is that the Collector has arbitrarily fixed an amount of Rs.75,000/- instead of getting the vehicle valued by a competent officer. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader points out that as far as the first two contentions are concerned, the petitioner has not raised the same before the District Collector. He relies on the findings in Ext.P2 wherein it has been recorded that the petitioner himself had appeared before the District Collector, admitted that the sand was w.p.c.14952/2010 2 being transported without proper passes and has admitted violation with a request to release the vehicle imposing small fine. As far as the valuation is concerned, the learned Government Pleader would contend that although no formal valuation has been done, the District Collector has fixed the value on a fair assessment. 4. I have considered the rival contentions in detail. 5. As far as the first two contentions are concerned, in view of the findings in Ext.P2 that the petitioner himself appeared before the District Collector pursuant to the notice and admitted violation, I am not inclined to consider those contentions in this writ petition. The petitioner never raised the said two contentions before the District Collector at the time of hearing. Instead, he voluntarily submitted that he had transported sand without proper passes and admitted the violation. In fact the petitioner has not chosen to state in the writ petition that the said finding is wrong. That being so, the finding of violation by the petitioner of the provisions of the Act and Rules is confirmed. As far as the valuation is concerned, it is settled law that as per the Division Bench of this Court in District Collector, Malapuram v. Abdul Kasim [2010 (1) KLT SN 31 (C.No.38)] the District Collector has to get the vehicle valued by an engineer of the PWD or the Assistant Motor Vehicle Inspector. Having not done so, to that extent, Ext.P2 is liable to be quashed. Accordingly, Ext.P2 is quashed to the extent of w.p.c.14952/2010 3 fixation of value of the vehicle. Therefore, this writ petition is disposed of with the following directions: The guilt of the petitioner is confirmed. But, the District Collector shall get the vehicle assessed by an officer as mentioned in the above said decision and pass fresh orders directing the petitioner to pay the amount so fixed towards the River Management Fund, even if the same is higher than the amount fixed in Ext.P2. The above order shall be passed within three weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge