IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4137 of 2010(N) ------------------------------------- PETITIONER : ------------------ P.SASIDHARAN, S/O.BALAKURUP, RESIDING AT 3/435, MODOM POYIL, MANGATTIDAM, P.O.NIRMALAGIRI, THALASSERY, KANNUR DISTRICT. BY MR.A.MOHAMED MUSTAQUE MR.T.PRAVEEN RESPONDENTS : ---------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, THALASSERY. BY GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT T.R.RAMACHANDRAN NAIR, J ===================================== W.P(C) No. 4137 of 2010 =========================================== Dated this the 15th day of February, 2010 ============================================ J U D G M E N T The petitioner herein is the owner of a tipper lorry bearing registration No.KL-17-F-2140. The vehicle is having a goods carriage permit, which is having arrangements with a financing firm M/s. Shriram Transport Finance Ltd also. 2. The said vehicle was carrying sand from Mangalore and Ext.P3 is the copy of the receipt issued by the Commercial Tax Department dated 10/12/2009. The petitioner is now aggrieved by Ext.P4 order issued by the District Collector, stating that value of the vehicle being Rs.7.5 lakhs, he will have to remit 50% of the same to River Management Fund for getting the vehicle released. It is also the case of the petitioner that, the petitioner had filed an application Ext.P6 for examination of the sand by the W.P(C) No. 4137 of 2010 -2- Geologist to find out the true nature of the sand which was also not allowed. 3. Heard the learned Government Pleader for the respondents. A reading of Ext.P4 shows that the District Collector, by relying upon the judgment in W.A.2578/2009, directed the petitioner the remit an amount of Rs.3,75,000/- to the River Management Fund. The directions issued by the Division Bench actually related to a case where interim custody of the vehicle was ordered and not in respect of a final order passed in proceedings under the Act. In view of the same, Ext.P4 cannot be sustained and the same is quashed. 4. The matter will be reconsidered by the District Collector in accordance with law. The petitioner has filed an application for examination of the sample through a Geologist. The said request will be allowed by the District Collector and the learned counsel appearing for the petitioner submitted that the petitioner will bear the W.P(C) No. 4137 of 2010 -3- expenses for the same. Appropriate final order will be passed after completing these steps within a period of one month from the date of receipt of a copy of this Judgment. No costs. T.R.RAMACHANDRAN NAIR JUDGE nl