IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 16444 of 2010(E) -------------------------- PETITIONER(S): --------------- AJITH C.K., AGED 31 YEARS, S/O. KUMARAN C.V., CHEERATHVALAPPIL HOUSE, THEVALASSERY, VATTAMKULAM P.O., MALAPPURAM DISTRICT. (RC OWNER KL-02/S-2932). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT. 2. TAHSILDAR, PONNANI TALUK, PONNANI, MALAPPURAM DISTRICT. 3. ANAKKARA GRAMA PANCHAYATH, KUMBIDI P.O., PALAKKAD DISTRICT, REP. BY ITS SECRETARY. 4. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM DISTRICT. GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 16444 of 2010 ================== Dated this the 28th day of May, 2010 J U D G M E N T The petitioner challenges Ext.P6 order of the District Collector, Malappuram, passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. By that order, on a finding that the petitioner has transported river sand illegally in violation of the Act and Rules, the petitioner has been directed to pay an amount of Rs.3,50,000/- as the value of the vehicle towards river management fund. The petitioner challenges that order primarily on the ground that the transport was supported by Ext.P2 pass issued by the Tahsildar of Ottapalam Taluk. He also tries to explain the discrepancy pointed out in Ext.P6 order. 2. I have heard the learned Government Pleader and considered the rival contentions of the parties. 3. As per the mahazar, the seizure was at 11.35 a.m and the petitioner has not produced any material in support of his contention that the same is wrong, although he would contend otherwise. Ext.P2 pass has been expressly stated to be issued at 11.45 a.m. That being so, Ext.P2 pass cannot support a transport, in respect of which, seizure was made at 11.35 a.m. Further Ext.P2 pass has been issued for transport of sand from Kattadikkadavu of Anakkara Panchayat, which w.p.c.16444/10 2 is in Palakkad District. The seizure was in Malappuram District. These grounds are more than sufficient to hold that there is no infirmity in Ext.P6 order. The valuation has been done by the Joint Regional Transport Officer. The petitioner has not been able to satisfy me that the valuation is in anyway wrong. In the above circumstances, I do not find any infirmity in Ext.P6 order. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge