IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 13110 of 2009(G) -------------------------- PETITIONER: ------------------- A.K. AMINA, RESIDING AT ANWAR MANZIL, P.O. IRINGAL, VIA VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, CALICUT. 3. THE TAHISLDAR, QUILANDI TALUK, TALUK OFFICE, QUILANDY. 4. THE SECRETARY, MANIYOOR GRAMA PANCHAYATH, P.O. MANIYOOR, KOZHIKODE DISTRICT. R1 TO 3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13110 of 2009(G) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF THE MAHASAR BY THE 3RD RESPONDENT EXT.P2. COPY OF THE PETITION CMP NO.2662 OF 2008 BEFORE THE J.F.C.M. COURT, PAYYOLI. EXT.P3. COPY OF THE STATEMENT FILED BY 3RD RESPONDENT IN CMP NO.2662 OF 2008. EXT.P4. COPY OF THE MEMO BY J.F.C.M. PAYYOLI EXT.P5. COPY OF THE RECEIPT ISSUED BY THE J.F.C.M. PAYYOLI EXT.P6. COPY OF THE NOTICE DATED 02.03.2009 BY THE 2ND RESPNDENT. EXT.P7. COPY OF THE PROCEEDINGS DATED 01.04.2009 BY THE 2ND RESPONDET. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13110 OF 2009 ---------------------------------------------- Dated this the 30th day of May, 2011 JUDGMENT The petitioner is the owner of lorry No.KL-11-5382 which was seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. Pursuant to the seizure, the District Collector initiated proceedings under the Act and finalised the same by Ext.P7 order directing the petitioner to pay an amount of Rs.75,000/- towards River Management Fund. That order is under challenge before me. 2. Today none appears for the petitioner. The contention of the petitioner is that the sand in question was being transported on the basis of a valid pass issued by the appropriate authority and therefore, the petitioner is not liable for any violation of the Act and Rules. 3. From Ext.P7 order, I find that although there was a pass, the lorry was intercepted at a place where the lorry did not have to pass through for carrying the sand on the basis of the W.P.(C)No.13110/09 2 pass. Therefore, obviously this sand was being transported somewherelse not authorised by the pass. The presence of the lorry in the said place has not been satisfactorily explained by the petitioner. As such, I do not find anything illegal in Ext.P7 order. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13110/09 3