IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 32489 of 2009(E) -------------------------- PETITIONER(S): --------------- CHANDRAN, S/O.KUNJIKANNAN, AGED 37 YEARS, PALAPURAM, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32489 OF 2009 -------------------------- Dated this the 7th day of December, 2009 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No. KL-11-V-3117. He has filed this writ petition challenging Ext.P1 letter sent by the District Collector, Palakkad, informing him that if the sum of Rs.75,000/- is not paid within seven days from the date of receipt of the letter, steps will be taken to confiscate his vehicle. 2. When this writ petition came up for hearing on 23.11.2009, the learned Government Pleader was directed to make available the files leading up to Ext.P1. The files were accordingly made available. The files disclose that the petitioner's vehicle was seized on 8.5.2009 by the Sub Inspector of Police on the allegation that it was used to transport river sand without a valid pass. A mahazar was prepared and a report was also submitted to the District Collector, Palakkad, on 8.5.2009 itself. The petitioner thereafter appear before the District Collector on 12.8.2009 and submitted a statement wherein he conceded that his vehicle was used to transport river sand without a valid pass. He also submitted that the value of the vehicle is Rs.3,25,000/- and that he is prepared W.P.(C) No. 32489/09 2 to remit fine. He also requested the District Collector to release the vehicle. In the light of the stand taken by the petitioner, the District Collector passed an order on 12.8.2009 which read as follows: “Chandran, S/o Kunhikannan, Thekkekkad, Palappuram, Ottapalam appeared. Heard. It is stated that three was no valid pass for the transportation of sand in the vehicle, tipper lorry, bearing Regn. No. KL 11 V-3117 when the SI of Police, Mankara seized the vehicle on 8-5-09 at 8-00 hrs. in front of Pathiripala High School. Party requests for release of the vehicle. Pay Rs.75,000/- (Rupees Seventy five thousand only). Remit the amount, unload the sand at Nirmithi Kendra office compound at Muttikulangara and release the vehicle on proper identity. The Tahsildar is directed to assess the quantity of sand before unloading.” 3. More than one month thereafter, the petitioner filed an application through a lawyer requesting the District Collector to review the order passed by him on 12.8.2009 and to exempt him from paying any amount as fine. It appears that on receipt of the said letter, the District Collector sent Ext.P1 letter informing the petitioner that unless he pays the fine of Rs.75,000/-, steps will be taken to confiscate his vehicle 4. From the files, it is evident that the District Collector has ordered the petitioner to pay the sum of Rs.75,000/- towards fine. The District Collector has also ordered confiscation of the vehicle in the event of the petitioner not paying the fine. In my opinion, the W.P.(C) No. 32489/09 3 procedure adopted by the District Collector is not legal or proper. The District Collector ought to have, after hearing the petitioner, considered whether his vehicle is liable to be confiscated and, if so, whether he should be permitted to avoid confiscation by paying an amount equal to the market value of the vehicle. I am therefore constrained to hold that the demand made in Ext.P1 and the decision taken by the District Collector on 12.8.20009 cannot be sustained. I accordingly allow this writ petition, quash Ext.P1 and the order passed by the District Collector on 12.8.2009 and direct the District Collector to pass fresh orders in the matter after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within one month form the date on which the petitioner produces or the District Collector receives a certified copy of this judgment. P.N.RAVINDRAN, JUDGE vps