IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 22041 of 2009(A) -------------------------- PETITIONER: ------------------- RAHMATHULLA, S/O.ABDUL NAZAR, ALINGAL HOUSE, KOOTTIL P.O., MANKADA VIA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SRI.C.J.SOLOMAN RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. BY GOVERNMENT PLEADER SRI. P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 22041 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of August 2009. JUDGMENT Petitioner is the registered owner of a vehicle bearing registration No.KL-11R/2804. According to the petitioner, he had leased the vehicle to one Sri. A.Noushad who was driving the said vehicle. The vehicle was seized on 12.07.2008 alleging illicit transportation of river sand. Ext.P1 is the seizure mahazar. The District Collector after notice to the petitioner, referred to Ext.P2 wherein it is contended that the driver of the vehicle has used the same without his consent, for the purpose of transporting river sand in an illicit manner. The District Collector found the petitioner is the owner of the vehicle and accordingly, Ext.P3 order was passed fixing the value of the vehicle at Rs.70,000/- and directing the same to be remitted. The same is under challenge in this writ petition. 2. The learned Government Pleader has produced the files and I have perused the same. 3. There is no tenable explanation by the petitioner for the seizure of the vehicle with river sand. In fact, the only explanation given by him is that the driver of the vehicle to whom he had leased the same had used it without his consent for W.P.(C). No. 22041 OF 2009 2 illicit transportation of the river sand. This is hardly an explanation or an alternating circumstance to relieve the petitioner from the obligations under the Act. Assuming that the driver of the vehicle had used it without the permission of the petitioner for illicit transportation of river sand, the same does not exclude the vehicle from being proceeded against as per the provisions of the Sand Act. It may be a defence for the petitioner in a criminal prosecution before the Jurisdictional Magistrate. The value of the vehicle has been fixed at conservative estimate of Rs.70,000/-. I therefore find hardly anything to interfere with Ext.P3. But I take note of the fact that the District Collector has not taken into account the amount of Rs.25,000/- which has been deposited before the Magistrate's Court. Thus, if the petitioner remits the balance amount of Rs.45,000/- within 4 weeks from today, it shall be treated as due compliance with Ext.P3 order and thereupon the vehicle bearing registration No.KL-11R/2804 shall be released to him on payment of such amount. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/