IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34875 of 2009(D) --------------------------------------- PETITIONER(S): ------------------------- SURESHKUMAR, S/O. GOPALAN, THEKKEKNDYMEETHAL HOUSE, EDAKULAM.P.O., KOYILANDI. BY ADV. MR.ALEXANDER GEORGE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. STATION HOUSE OFFICER, KOYILANDI POLICE STATION. BY SR. GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 34875 of 2009 - D ---------------------------------------- Dated 3rd December, 2009 Judgment The petitioner is the registered owner of a goods autorickshaw bearing registration No.KL/56-7603. The said vehicle was seized by the second respondent on 15.3.2009 on the allegation that it was used to transport sand collected from the backwaters without a valid pass. A seizure mahazar was prepared and the matter was reported to the District Collector, Kozhikode. The District Collector thereafter passed Ext.P1 order imposing a fine of Rs.25,000/-. The petitioner challenged Ext.P1 by filing W.P.(C) No.23835 of 2009. By Ext.P2 judgment delivered on 20.8.2009, a learned single Judge of this Court held that Ext.P1 order is cryptic and that it does not deal with relevant and material aspects which should have been gone into. This Court accordingly quashed Ext.P1 and directed the District Collector to pass fresh orders. The District Collector thereafter passed Ext.P3 order imposing a fine of Rs.25,000/- on the petitioner. He also directed that in the event of the W.P.(C) No.34875/2009 2 petitioner producing proof of remittance of the said sum, the vehicle will be released to the petitioner. 2. The pleadings and the materials on record disclose that the sand transported in the petitioner's vehicle was not covered by a valid pass. Even in the writ petition, the petitioner has not pleaded or proved that the sand transported was covered by a valid pass. Therefore, even if this Court were to hold that the District Collector could not have imposed fine, this Court will necessarily have to remit the matter to the District Collector for proceeding against the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. In such proceedings, on the admitted facts, the District Collector will have no alternative but to order confiscation. In view of the admitted fact that the petitioner's vehicle was used to transport sand without a valid pass, the District Collector will have to determine the value of the vehicle and permit the petitioner to pay the said sum to avoid confiscation. The petitioner's vehicle is an autorickshaw. He has no case that W.P.(C) No.34875/2009 3 the market value of the said vehicle will be below Rs.25,000/-. In such circumstances, in view of the admitted facts of this case, I find no justification to entertain this writ petition or to interfere with Ext.P3. The writ petition fails and is accordingly dismissed. 3. The learned counsel for the petitioner submits that having regard to the fact that the vehicle involved in the case is an autorickshaw, the petitioner may be given a reasonable time to pay the sum of Rs.25,000/- to avert confiscation. The said request appears to be reasonable. In such circumstances, even while dismissing the writ petition, I pass the following directions: The District Collector shall release the vehicle described in Ext.P3 order to the petitioner on the petitioner depositing the sum of Rs.10,000/- and furnishing a bank guarantee for the balance amount. The vehicle shall be released on the day the petitioner deposits the sum of Rs.10,000/- and furnishes the bank guarantee. The petitioner shall pay the balance amount of Rs.15,000/- within two months from the date of W.P.(C) No.34875/2009 4 remittance of the first instalment of Rs.10,000/-. If within the said period of two months, the petitioner does not pay the balance sum of Rs.15,000/-, it will be open to the District Collector to encash the bank guarantee. On the other hand, if within the stipulated time, the petitioner pays the balance amount of Rs.15,000/-, the bank guarantee shall be returned to the petitioner and the District Collector shall record full satisfaction of Ext.P3 order. P.N.RAVINDRAN Judge vaa