IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 W.A.No. 682 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.4799/2009 Dated 13/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ FAISAL BABU, AGED 32 YEARS, S/O.ALAVI, PULITHARA HOUSE, SOUTH PANG P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 682 of 2009 ------------------------------------------ Dated, this the 20th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Challenging the order of the learned Single Judge dated 13th February, 2009 in W.P.(C) No.4799 of 2009, the present writ appeal is filed. 2. For the unauthorised transportation of river sand, proceedings were initiated against the appellant's vehicle bearing registration No.KL-53/604. Despite the issuance of notice, as the appellant did not appear, the matter was considered by the second respondent District Collector ex parte and as per Ext.P2 order on finding that the vehicle in question was liable to be confiscated as provided under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, directed the appellant to remit a sum of Rs.1,75,000/- being its value for the release of vehicle towards the River Management Fund. W.A. No. 682 of 2009 - 2 - 3. The learned Single Judge taking into consideration that the appellant had not shown his bona fides for being absent even though he was served with a notice on 4.10.2008 and the matter was taken up after several adjournments on 19.1.2009, found that his explanation is untenable. So far as the fixation of value is concerned, the learned Judge was of the view that as the vehicle is of the year 2006, the valuation done by the Motor Vehicles Department is just and proper. We do not find any ground to interfere with the well considered order passed by the learned Single Judge. Hence the writ appeal being devoid of merits stands dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/dk