IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6011 of 2009(V) ------------------------------- PETITIONER(S): ------------------ ASHRAF, S/O.MOIDU, PULIKKAPARAMBIL HOUSE, VALANCHERY, MALAPPURAM DT. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. DEPUTY TAHSILDAR (R.R) TALUK OFFICE, TIROOR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6011 OF 2009 (V) ==================== Dated this the 25th day of February, 2009 J U D G M E N T The challenge in this writ petition is against Exts.P1 and P3. Ext.P1 is an order issued by the 1st respondent finding that the petitioner's vehicle KL-10/B 4644, was involved in the unauthorised transportation of river sand. On that basis, petitioner has been ordered to remit fine of Rs.25,000/- and value of Rs.50,000/- towards the River Management Fund. By Ext.P3, revenue recovery proceedings have been initiated. 2. A reading of Ext.P1 order passed by the 1st respondent shows that the petitioner could not produce any document to show that the transportation of river sand undertaken by him was legitimate. If that be so, the conclusion of the District collector that the vehicle was used for the unauthorised transportation of river sand can only be accepted and I do so. 3. However, as rightly contended by the learned counsel for the petitioner, the District Collector could not have imposed a fine of Rs.25,000/- as has been done in Ext.P1. Therefore, the levy of fine of Rs.25,000/- as ordered in Ext.P1 necessarily has to be set aside and I do so. WPC 6011/09 :2 : 4. Accordingly, the writ petition is disposed of directing that if the petitioner remits Rs.40,000/- after giving credit to Rs.10,000/- which he has already remitted, further proceedings against the petitioner will be dropped. It is also directed that Rs.40,000/- which is to be paid by the petitioner shall be allowed to be remitted by him in two equal instalments, first of which shall be paid on or before 28.2.2009 and the second instalment on or before 28.3.2009. Subject to such payment, further proceedings to recover the amount will be kept in abeyance and it is made clear that if the petitioner makes default in paying the amount as above, the authorities will be free to continue the proceedings against the petitioner. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp