IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 23061 of 2003(U) -------------------------- PETITIONER(S): --------------- SURESH @ KANNADY M.R., S/O. RAGHAVAN K., MEPLEZHATHU HOUSE, BUDHANOOR P.O., CHENGANNUR. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- 1. THE R.D.O. THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PULIKKEZH POLICE STATION, PATHANAMTHITTA. 3. THE GEOLOGIST, PATHANAMTHITTA. GOVERNMENT PLEADER SRI. MATHEW VADAKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF GOODS CARRIAGE PERMIT ISSUED IN FAVOUR OF THE PETITIONER BY THE JOINT RTA, CHENGANNOOR DATED 31.3.2001 EXT.P2 TRUE COPY OF THE REQUEST FOR RELEASE OF THE LORRY BY THE TRUSTEE ST. GEORGE FORONE CHURCH DATED 10.7.2003 EXT.P3 TRUE COPY OF FORM (P) CASH MEMORANDUM DATED 10.7.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 23061 OF 2003 -------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT Petitioner is challenging Ext.P4 order whereunder the Revenue Divisional Officer imposed a penalty of Rs. 20,000/- for unauthorised transport of river sand. Petitioner has denied the identity of the sand as river sand. I have heard counsel appearing for the petitioner and Government Pleader and I have gone through Ext.P4 order of the RDO. Since the sand is already released, there is no scope for making further verification as to whether sand was river sand or not. In any case, since this is the first offence, I feel some leniency can be shown in the matter. Accordingly Ext.P4 is modified by reducing the penalty to Rs. 5,000/-. If the petitioner has made payment in terms of the interim order, then the matter will be treated as finally settled or otherwise Rs. 5,000/- will be recovered with interest. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) 2 Judge kk