IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 20456 of 2009(B) -------------------------- PETITIONER(S): --------------- C.M.NOUSHAD, S/O. SAIDU MOHAMMED, CHEKKUMARAKKARAKATH CHATHERI HOUSE, NIRAMARUTHUR P.O., TIRUR. BY ADV. SRI.JAMSHEED HAFIZ SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, TIRUR TALUK. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------- W.P.(C)NO.20456 of 2009 -------------------------------------- Dated this the 7th day of August, 2009. JUDGMENT The vehicle, a 99 model Mini Lorry bearing registration No.Kl-10/H-4158, while driven by the driver was seized on 20.6.2008 on the allegation that it was induging in the illicit transportation of river sand. After an enquiry, in which an authorised representative of the petitioner also participated, an order was passed by the District Collector on 28.8.2008 holding that the vehicle is liable for confiscation for contravention of the provisions of Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 and further directing the petitioner to pay an amount of Rs.20,000/- towards value of the vehicle and Rs.25,000/- as fine. This was challenged by the petitioner in W.P.(C)No.29047/08 which was disposed W.P.(C)NO.20456 of 2009 :: 2 :: of along with a batch of cases by judgment in Subramanian Vs. State of Kerala [2009 (1) KLT 77). The issue was directed to be reconsidered by the District Collector. 2. In the meanwhile, pursuant to the order passed by this court, the vehicle in question was released on interim custody to the petitioner, inter alia, subject to a condition that the petitioner remits Rs.25,000/-. The said amount was remitted as well. 3. Thereafter a revised order was passed by the District Collector as Ext.P3, wherein the petitioner was directed to pay an amount of Rs.80,000/- towards the value of the vehicle. That has been challenged in this writ petition. 4. The finding by the District Collector that the vehicle was involved in the illicit transportation of the sand was justified in the light of the fact that the consignment was not supported by a valid pass issued by the competent authority. W.P.(C)NO.20456 of 2009 :: 3 :: 5. But, I find force in the submission made by the counsel for the petitioner that the District Collector comitted an error in fixing the value of the vehicle at Rs.80,000/- at gross variance from the consolidated amount fixed under the first order. 6. I heard learned Government Pleader also in this regard. 7. Accordingly, Ext.P3 is affirmed to the extent to which the District Collector has found that the petitioner's vehicle had indulged in illicit transportation of river sand and is therefore, liable for confiscation. But Ext.P3 will stand modified by fixing the total amount payable by the petitioner to the River Management Fund by way of value of the vehicle at Rs.45,000/-. Further proceedings shall not be taken against the petitioner in relation to the aforementioned vehicle, if the petitioner remits the balance amount of Rs.20,000/- within six weeks from today. If such payment is effected, the same shall be treated as due W.P.(C)NO.20456 of 2009 :: 4 :: compliance with Ext.P1 order and the petitioner shall be treated as discharged from the liablity as regards Ext.P1. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/- true copy P.S. To Judge