IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 30482 of 2004(D) -------------------------- PETITIONER: ------------ 1. SUJA STANLEY, W/O. STANLEY JOHN, ANTHIKKATTU HOUSE, ELOOR EAST, UDYOGAMANDAL, ERNAKULAM. 2. STANLEY JOHN, ANTHIKKATTU HOUSE, ELOOR EAST, UDYOGAMANDAL, ERNAKULAM. BY ADV. SMT.V.P.SEEMANDINI (SR.) SRI.T.R.RAJESH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. MR.MAHESH KUMAR, FORMERLY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM. 3. THE ASSISTANT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.30482/2004 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF THE CASH MEMORANDUM DT.13.10.2003 ISSUED BY THE COMPETENT AUTHORITY IN FAVOUR OF THE 1ST PETITIONER'S VEHILCE. EXT.P2: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT. 20.10.2003 IN W.P.(C)NO.32865/2003. EXT.P3: COPY OF THE PETITION DT.22.10.2003 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DT.22.10.2003. EXT.P5: COPY OF THE SUSPENSION ORDER DT.25.10.2003 ISSUED TO THE 2ND PETITIONER. EXT.P6: COPY OF THE REINSTATEMENT ORDER OF THE CITY POLICE COMMISSIONER DT.04.07.2004. EXT.P7: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DT.12.11.2003. EXT.P8: COPY OF THE DEALERS LICENCE DT.11.4.2003 ISSUED IN FAR OF THE ABDUL LATHEEF BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DT.05.03.2004. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.30482 OF 2004 ---------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a mini lorry bearing registration No. KL-8/U-8402. The 2nd petitioner is her husband and he is a driver in the police force. The 1st petitioner's vehicle was seized by the Police, on the allegation that it was being used for transporting river sand. The vehicle was released as per the order of this Court on remitting an amount of Rs.7500/-. The District Collector has passed final orders in this matter imposing a fine of Rs.7,500/- on the 1st petitioner for the alleged illegal transport of river sand. Ext.P7 is that order of the District Collector. Simultaneously, the 2nd petitioner was issued with Ext.P5 order suspending him on the alleged complexity of him in the transport of river sand using the 1st petitioner's vehicle. The petitioners submitted the amount paid by the 1st petitioner as per the interim order of this Court was already adjusted towards the amount due under Ext.P7. Their main grievance is that the said order is likely to be used against the 2nd petitioner in the disciplinary proceedings. W.P.(C) No.30482/2004 2 2. There is a technical flow in Ext.P7 in as much as the Collector is not authorised to pass an order imposing a penalty on the owner of the vehicle which is involved in transporting river sand illegally. But, in view of the facts of the case, it is unnecessary to interfere with Ext.P7. But, it is ordered that the disciplinary action against the 2nd petitioner shall be proceeded with and concluded, uninfluenced by Ext.P7 order of the District Collector passed against the 1st petitioner. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps