IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 18271 of 2009(D) -------------------------- PETITIONER: --------------- SIDHEEKH.M.P,S/O.MOHAMMED,AGED 34 YEARS, MUNDANPARAMBATH HOUSE,P.O.PERUAMANNA, KOZHIKODE TALUK. BY ADVS. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 2. THE S.I.OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. BY GOVERNMENT PLEADER, SRI.DILEEP MOHAN, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 18271 of 2009(D) -------------------------- APPENDIX PETITIONERS EXHIBITS. EXT.P1. COPY OF THE PASS ISSUED BY THE SECRETARY, PERUMANNA GRAMA PANCHAYATH. EXT.P2. COPY OF THE VOTER'S IDENTITY CARD OF THE PURCHASER OF THE SAND. EXT.P3. COPY OF THE PERMIT ISSUED BY THE PANCHAYAT TO HARRIS / PURCHASER OF SAND . EXT.P4. COPY OF THE BILL FOR PURCHASE OF SPARE PARTS. EXT.P5. COPY OF WORK SHOP BILL. EXT.P6. COPY OF THE SAID OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7. COPY OF THE ORDER OF THE 1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL. P.S. TO JUDGE / TRUE COPY ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 18271 of 2009 ``````````````````````````````````````````````````````` Dated this the 8th day of September, 2010 J U D G M E N T The challenge in this writ petition is against Ext.P7 order passed by the first respondent, exercising his powers under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act. The petitioner is the owner of a mini lorry bearing registration No.KL-11/W.2813. The vehicle was seized by the second respondent on 16-02-2008 at Vellayikode, alleging unauthorised transportation of river sand. The proceedings were forwarded to the first respondent, who completed the enquiry and passed Ext.P7 order. In Ext.P7, it has been held that the vehicle was engaged for the unauthorised transportation of the river sand. On that basis, it was held that the vehicle is liable for confiscation. Proceeding further, the value of the vehicle has been assessed at Rs.2 lakhs and a fine of Rs.25,000/- was imposed. It was ordered that if the petitioner is desirous of getting the vehicle released, he should remit the amount. It is this order which is under challenge. 2. According to the petitioner, he was transporting river sand on the basis of Exts.P1 and P3 valid passes. It is stated that despite the availability of Exts.P1 and P3, ignoring the passes, the vehicle was WPC.18271/09 : 2 : ordered to be confiscated. Reading of Ext.P7 order shows that the Collector has concluded that the vehicle was engaged in the transportation of river sand only for the reason that the vehicle which loaded with the sand was seized at 12.30 PM at a place which is only 3 Km away from the place of the river. Even in spite of it, as contended by the petitioner, if there was a valid pass, that ought to have been considered by the District Collector, while concluding the guilt of the petitioner. Ext.P7 order shows that the existence of the pass has not even been referred by the District Collector. In that view of the matter, Ext.P7 cannot be held to be an order passed, adverting to relevant considerations. Ext.P7 deserves to be set aside and I do so. 3. Accordingly, Ext.P7 will stand set aside. The matter will be reconsidered by the appropriate authority, with notice to the petitioner and fresh orders in the matter will be passed in accordance with law. This shall be done expeditiously and at any rate within eight weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks