IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 20088 of 2009(E) -------------------------- PETITIONER: ------------------ BABEESH, AGED 40 YRS, S/O.BABURAJ, C.V.SADANAM, ELATHUR VIA, KOZHIKODE. BY ADV. MR. R.SUDHISH MRS. M.MANJU RESPONDENT: -------------------- THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 20088 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 6th day of August 2009. JUDGMENT The vehicle mini lorry bearing Reg. No. KL-18/484 belonging to the petitioner was seized by the Sub Inspector of Police, Elathur on 14.02.2009 alleging that the vehicle was involved in transportation of river sand without any valid pass. An enquiry was conducted by the District Collector under Ext.P1 order fixing the value of the vehicle as Rs.60,000/- and also imposed a fine of Rs. 25,000/-. This has been challenged in the writ petition. 2. Learned Government Pleader produced the files leading to Ext.P1 also pursuant to the direction issued by this Court. I have perused the same. 3. The contention taken by the petitioner that sand has been transported with the aid of pass does not seem to be correct. In fact, the stand taken by the petitioner before the District Collector in a petition filed on 18.03.2009 is that he was transporting sand collected from the sea, due to ignorance of W.P.(C). No. 20088 OF 2009 2 law. There is no plea that the same was authorized by a pass issued in that behalf. In these circumstances, the finding of the District Collector that the transportation of river sand was illegal, does not warrant any interference and the same is affirmed. 4. The District Collector has directed the petitioner to pay an amount of Rs.60,000/- towards value of the vehicle and another Rs. 25,000/- as fine. In my view, the District Collector ought not have imposed a fine. Therefore, the direction in Ext.P1 to pay an amount of Rs.25,000/- is set aside. Ext.P1 is affirmed in all other respects. The petitioner is given 4 weeks time from today to deposit the value of the vehicle as per Ext.P1. The vehicle shall be released, if such deposit is made within the above mentioned time. The writ petition is disposed of as above. (V.GIRI) JUDGE kkms/