IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22835 of 2009(Y) -------------------------- PETITIONER(S): --------------- SREEDHARAN B THALAKKONAM MELE PUTHEN VEEDU MARUTHATHOOR, PERUMBAZHATHOOR, NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. JUNIOR SUB INSPECTOR OF POLICE BALARAMAPURAM. 3. THE TAHSILDAR, NEYYATTINKARA. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.22835 of 2009 ---------------------------------------- Dated this the 11th day of August, 2009. JUDGMENT The petitioner is the registered owner of a lorry bearing registration No.KL- 7/E-2581. The said vehicle was seized by the Sub Inspector of Police, Balaramapuram on 21.2.2009, on the allegation that it was used for transporting sand unauthorisedly. 2. The files were forwarded to the District Collector and the petitioner appeared before the District Collector. He submitted a representation as well. By Ext.P3 order dated 7.7.2009 the District Collector ordered confiscation of the vehicle. Ext.P3 has been challenged in this writ petition. 2. I heard learned Government Pleader also. 3. Learned counsel for the petitioner submits that Ext.P3 order is clearly vitiated. None of the relevant aspects have been considered by the District Collector. W.P.(C).No.22835/09 :: 2 :: There is only a reference to the earlier instances, where fine has been imposed on the petitioner and realised from him for the alleged infraction of the provisions of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act, 2002. 4. I find force in this submission. Ext.P3 order does not reflect consideration of any other relevant aspects. If a vehicle is found to have indulged in illicit transportation of river sand, i.e. without the aid of a pass or by misusing a pass, if any, issued, there must be a specific finding on facts, followed by a fixation of the value of the vehicle and a direction to pay the same, in default of which, the vehicle will be liable to forfeited. Such relevant aspects have not been considered. 5. Accordingly, Ext.P3 is set aside and the 1st respondent is directed to pass a fresh order, in relation to the confiscation/release of the vehicle bearing W.P.(C).No.22835/09 :: 3 :: registration No.KL-7/E-2581, after hearing the petitioner, within six weeks from the date of receipt of a copy of this judgment. 6. Writ petition is disposed of as above. A copy of this judgment, along with a copy of the writ petition shall be produced by the petitioner before the 1st respondent District Collector for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge