IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 14583 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. SUPRAN, AGED 42 YEARS, S/O.VELAYUDHAN, PADINJAREPUTHUKAD, S.PARUR P.O., MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. PIN 682320. 2. PRIYA, AGED 32 YEARS, W/O BIJU, KOOMBEL HOUSE, CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686615. 3. BINDU KRISHNAKUMAR, AGED 41 YEARS, W/O KRISHNAKUMAR, MANIMANDIRAM, KATTIKUNNU, CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN.686615. 4. RATHEESHKUMAR, AGED 31 YEARS, S/O.RAJAPPAN, KOOMBEL, PUTHANTHARA HOUSE, CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686615. 5. SUDHEESH, AGED 28 YEARS, S/O.SUKUMARAN, KOOMBEL HOUSE, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. PIN 686615. BY ADV. SRI.BABU CHERUKARA SRI.P.V.PRAKASAN SRI.S.RUSSEL SRI.V.R.ARUN SRI.R.THULASEEDHARAN PILLAI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM, PIN.682030. 2. THE S.I.OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM,TRIPUNITHURA P.O, PIN 682301. 3. THE DISTRICT GEOLOGIST, ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM PIN.682030. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14583/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. TO P6 COPIES OF THE REGISTRATION CERTIFICATES OF THE PETITIONERS. P7 TO P12 COPIES OF THE MAHAZAR DTD.19.12.09. P13 TO P18. COPIES OF THE ORDER PASSED BY R1 DTD.20.4.10. P19. COPY OF THE ORDER IN W.A.NO.499/2010 OF THIS COURT. P20. COPY OF THE APPLICATION FILED UNDER R.I. ACT. P21. COPY OF THE REPLY DTD.19.2.10. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 14583 of 2010 ================== Dated this the 5th day of August, 2010 J U D G M E N T The petitioners are the owners of vehicles which have been seized on allegations of illegal transport of river sand in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Final orders passed by the District Collector are Exts.P13 to P18, by which, after finding that the vehicles have been used for illegal transportation of river sand, the petitioners have been directed to pay the value of the vehicles towards river management fund. The petitioners raise two contentions. The first is that Rules 27 and 28 of the Rules are unconstitutional. The second is that the District Collector has not complied with the procedure prescribed under the Act and Rules for seizure and confiscation of the vehicles. 2. I have heard the learned Government Pleader also. 3. As far as the constitutional validity of the Act and Rules is concerned, the same is covered by a decision of a learned Single Judge of this Court reported in Subramanian v. State of Kerala [2009 (1) KLT 77. I am in respectful agreement with the said decision and, therefore, there is no merit in the contention of the petitioners that the provisions of the Act and Rules are unconstitutional. The second contention was never raised before the District Collector at all. The contentions of the w.p.c.14583/10 2 petitioners before the Collector have been specifically enumerated in the impugned orders. A contention to the effect that the procedure followed by the District Collector is not in accordance with rules does not find a place there. The petitioners could not satisfy me that such a contention was ever taken before the District Collector. Therefore, clearly that contention is an afterthought, which cannot be countenanced at this late stage, especially since the District Collector had no occasion to deal with such a contention. Therefore, there is no merit in both the contentions of the petitioners. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge