IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32046 of 2009(A)
1. JOHNSON, S/O.RAJAPPAN,
... Petitioner
Vs
1. DISTRICT COLLECTOR, PALAKKAD.
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/03/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) Nos. 32046/2009-A & 32072/2009-D
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Dated this the 25th day of March, 2010.
JUDGMENT
These two writ petitions challenge the orders passed by the District
Collector, whereby the District Collector imposed fine of Rs.50,000/- on
the respective petitioners for the alleged violation of the provisions of
Mines and Minerals (Development and Regulation) Act, 1957 for
transporting sand. The petitioners’ case in both these writ petitions are
identical. Both these cases involve transportation of sand from
Gopalapuram in Tamil Nadu, on 17.10.2009. It was for one Shri Abdul
Rahiman. It is pointed out that they remitted the required cash amount to
Rajendra Traders Branch Office in Gopalapuram. Documents have been
produced as Exts.P2 to P4 in both the writ petitions. They have remitted tax
at the commercial tax check post in Kerala. The vehicles were seized by the
Sub Inspector of Police, Kasaba Police Station, Palakkad alleging illicit
transportation of river sand from Tamil Nadu, against the provisions of
Kerala Protection of River Banks and Regulation of Removal of Sand Act,
2001 and crime was also registered. It was contended that there is no illegal
transportation of river sand. Later, they moved the District Collector in the
wpc32046 & 32072 /2009 2
matter and final orders were passed by imposing a fine of Rs.50,000/- each.
2. The respondents have filed a counter affidavit and the petitioners
have filed reply affidavits also.
3. The petitioners have filed separate applications,
viz.I.A.No.42441/2010 in W.P.(C) NO.32046/2009 and I.A. No.4229/2010
in W.P.(C) No.32072/2009 seeking for a direction to the District Collector
to reconsider the matter in the light of the documents produced along with
the affidavit. It is pointed out there in that the Government as per G.O.(MS)
No.161/09/ID dated 14.12.2009 permitted import of sand by private
operators. It is also pointed out that in the light of the above Govt. Order,
the District Collector has ordered for release of vehicles seized under
similar circumstances. Copies of the orders have produced along with the
applications.
4. A counter affidavit has been filed in the writ petitions by the
Junior Superintendent attached to the office of the District Collector. But in
the light of the claim raised now based on subsequent developments, the
matter will have to be considered by the District Collector as it is pointed
out by the learned counsel for the petitioners that vehicles carrying sand
from other States have been released by the District Collector without
imposing any fine like the one imposed against the petitioners. Therefore,
wpc32046 & 32072 /2009 3
the request made by the petitioners for a reconsideration will be gone into
by the District Collector in accordance with law.
5. Heard learned counsel for the petitioners and learned Govt.
Pleader. I have not considered anything on the merits in view of the prayer
now made by the petitioners.
6. In the light of the prayer now made by the petitioners, the writ
petitions are disposed of as follows:
There will be a direction to the District Collector to consider and
pass orders on Ext.P12 in both the writ petitions after hearing the
petitioners, within three weeks from the date of receipt of a copy of this
judgment. The contention raised by the petitioners based on the various
orders produced along with the writ petition, will be considered.
Appropriate orders will be passed in accordance with law. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/