IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5493 of 2009(Y) ------------------------------- PETITIONER(S): ------------------ SAJESH, AGED 23 YEARS, S/O.VASU, UKKANDATHU HOUSE, KOLLANPADI, PONNANI P.O, MALAPPURAM DT. BY ADV. SRI.V.GOPIKRISHNA RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, PONNANI, MALAPPURAM DT. 3. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, ALONG WITH WPC NO.5497/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 5493 & 5497 OF 2009 (F) ======================= Dated this the 19th day of February, 2009 J U D G M E N T The challenge in these writ petitions is against Ext.P4 in WP(C) No. 5493/09 and Ext.P2 in WP(C) No.5497/09. 2. Facts show that proceedings were initiated against the vehicles bearing Regn.Nos.KL-10/R.7135 and KL-10/U.4453 on the allegation that these vehicles were used for the illegal transportation of river sand. The orders referred to above were passed by the District Collector after due enquiry, exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Finding that the vehicles have contravened the provisions of the said Act, the District Collector ordered the petitioners to remit Rs.1,25,000 in respect of KL-10/R.7135 and Rs.1,40,000/- in respect of vehicle KL- 10/U.4453 respectively. It is challenging these orders, the writ petitions are filed. 3. A reading of the orders itself show that the petitioners have admitted before the District Collector that at the time of transportation, the vehicles did not possess passes issued by the Panchayat. If that be so, the guilt of the petitioners stands admitted. WPC Nos.5493 & 5497/09 :2 : 4. Learned counsel for the petitioners then complains about the value fixed. A reading of the orders show that the vehicle KL-10/R.7135 is a 2003 model one and the vehicle KL-10/U.4453 is a 2004 model one. If that be so, the value of Rs.1,25,000/- and Rs.1,40,000/- fixed cannot be said to be arbitrary. Further, the value is one fixed by the competent officers of the Motor Vehicles Department. I see no reason to interfere. Writ petitions are dismissed. ANTONY DOMINIC, JUDGE Rp