IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22577 of 2009(N) -------------------------- PETITIONER: ------------------ UMMER, AGED 49, S/O.BAVA, VALIYAPEEDIAKKEL HOUSE, P.O.PURATHOOR, TIRUR, MALAPPURAM DISTRICT. BY ADV. MR. K.SHIBILI NAHA MRS. A.LOWSY RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE R.D.O., TIRUR. BY GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 22577 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 10th day of August 2009. JUDGMENT Petitioner is the registered owner of a mini lorry bearing registration No. KL-10-F-8458. The vehicle was seized for alleged illicit transportation of river sand. On receipt of Ext.P1 notice from the District Collector, the petitioner appeared and submitted Ext.P2 objections. Thereafter, Ext.P3 order was passed by the District Collector finding that the vehicle was involved in the illicit transportation of river sand. The petitioner was directed to remit an amount of Rs.25,000/- towards the value of the vehicle and another amount of Rs.15,000/- was imposed as fine. This has been challenged in this writ petition. 2. I heard the learned Counsel for the petitioner and the learned Government Pleader. The fact that river sand was transported without a pass issued by a competent authority is not disputed in the writ petition as well. In fact, no such case has been pleaded either in the writ petition or even in Ext.P2. Ext.P3 order itself has been passed as early as on 18.08.2008. The writ petition has been filed almost one year later. W.P.(C). No. 22577 OF 2009 2 3. I do not find any ground to interfere with Ext.P3 in so far as the District Collector has found that the vehicle in question was used for illicit transportation of river sand. The said finding in Ext.P3 is therefore affirmed. But the imposition of fine under Ext.P3 is illegal and unauthorized. Ext.P3 is quashed to the extent of the District Collector imposing a fine on the petitioner. 4. Accordingly, there will be a direction that, if the petitioner remits the amount of Rs.25,000/- fixed as the value of the vehicle as per Ext.P3, then the vehicle KL-10-F-8458 shall be released to the petitioner treated such remittance shall be due compliance with the direction in Ext.P3. Petitioner may remit the amount within 6 weeks from today. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/