IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16259 of 2009(B)
1. ELYAS
... Petitioner
Vs
1. DIST. COLLECTOR, COLLECTORATE, THRISSURD
... Respondent
For Petitioner :SRI.K.I.SAGEER
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :09/07/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.16259 of 2009
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Dated this the 9th July,2009
J U D G M E N T
A tipper lorry belonging to the petitioner was seized
on 6.1.2009 by the 2nd respondent, on the allegation that
it was engaged in the illegal transportation of river sand.
After enquiry, the District Collector has passed final
orders in terms of Section 23 of the Kerala Protection of
River Banks (Protection and Regulation of removal of
sand) Act, 2002 r/w Rules 27 and 28 of Kerala Protection
of River Banks and Regulation of Removal of Sand Rules
2002 finding that the vehicle was engaged in the illicit
transportation of sand and permitting the petitioner to
redeem the same on payment of an amount of
Rs.1,80,000/-. It seems that the petitioner’s vehicle was
even earlier detected to have been involved in the same
offence and therefore the present offence is the second
one. Exhibit-P2 order has been challenged in the writ
petition.
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It is not the case of the petitioner that the
transportation was not accompanied by a pass. It is
therefore clear that the vehicle was engaged in illicit
transportation of river sand. The vehicle is of the year
2003 and the offence is the second one. I do not find any
grounds to interfere with the order impugned in this writ
petition. Writ petition is dismissed.
(V.GIRI,JUDGE)
ma
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