IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 18644 of 2009(A) -------------------------- PETITIONER(S): --------------- SURESH BABU,S/O.SREEDHARAN,AGED 35 YRS, RESIDING AT THANISSERY HOUSE, PUNNAYOORKKULAM(PO), CHAVAKKAD TALUK, THRISSUR DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-5J-9319). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, PONNANI TALUK. 3. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION. 4. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.18644 of 2009 ---------------------------------------- Dated this the 17th day of July, 2009. JUDGMENT The petitioner is the owner in possession of a temp bearing registration No.KL-5J-9319. The said vehicle was seized by the 2nd respondent on 4.3.2009 when it was found to be transporting river sand without the authority of a pass. The vehicle was thereafter produced before the District Collector, who initiated proceedings under the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. 2. The petitioner requested for release of the vehicle on interim custody and the petitioner's application in this behalf was directed to be considered by this court in W.P.(C)No.7421/09. Subject to certain conditions, the vehicle has been released on interim custody. W.P.(C).No.18644 of 2009 :: 2 :: 3. Thereafter, the District Collector heard the petitioner on 13.4.2009. Though, originally the petitioner had taken up a contention that the consignment was supported by a pass, later before the District Collector, he admitted in categoric terms that his driver had transported sand without the authority of a pass. He only pleaded that the lapse may be condoned. 4. The District Collector has considered various aspects elaborately. It is concluded that the consignment was without authority of a pass and in the circumstances, infraction of the provisions of the Sand Act has been proved. 5. The vehicle is a 2000 model mini lorry and the District Collector has not committed any error in fixing the value of the vehicle. It is to be deposited by the petitioner towards River Management Fund, to avoid confiscation. An amount of Rs.1 lakh is a fair W.P.(C).No.18644 of 2009 :: 3 :: and reasonable value of the vehicle. There are no mitigating circumstances pointed out by the petitioner. For all these reasons, I find no error in Ext.P1 and it does not warrant any interference. Writ petition is accordingly dismissed. But, it is made clear that if the petitioner pays the amount as per the directions in Ext.P1 within six weeks from today, such payment shall be treated as sufficient compliance with the directions issued in Ext.P1. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge