High Court Kerala High Court

Muneer Koorimannil vs The District Collector on 9 February, 2009

Kerala High Court
Muneer Koorimannil vs The District Collector on 9 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4136 of 2009(P)


1. MUNEER KOORIMANNIL, S/O.YOUSEFF,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE TAHSILDAR, PERINTHALMANNA.

3. THE SUB INSPECTOR OF POLICE, MANJERI.

                For Petitioner  :SRI.SAJEEV KUMAR K.GOPAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/02/2009

 O R D E R
                         ANTONY DOMINIC, J.
                    -------------------------
                       W.P.(C.) No.4136 of 2009
               ---------------------------------
             Dated, this the 9th day of February, 2009

                            J U D G M E N T

The petitioner is a registered owner of a lorry bearing

Regn.No.KL-10/Y-8638. Admittedly, thrice proceedings were

initiated against the vehicle under the Kerala Protection of River

Banks and Regulation of Removal of Sand Act, 2001 resulting in

adverse orders finding the involvement of the vehicle in

unauthorised transportation of river sand.

2. Finally, as can be seen from Ext.P5 mahazar, the vehicle

was seized by the 2nd respondent invoking the provisions contained

in the Kerala Anti Social Activities (Prevention) Act, 2007. The

petitioner, says that he filed Ext.P7 objection. However, by Ext.P8

order, the 1st respondent upheld the search and seizure and ordered

that the vehicle will be released to the owner, if he remits an amount

of Rs.1 lakh within 7 days. It is this order, which is under challenge

in this writ petition.

3. The only contention raised is regarding the

unreasonableness of the amount ordered to be remitted.

WP(C) No.4136/2009
-2-

4. Having regard to the fact that the vehicle is a 2004

model vehicle and the value thereof, I am not in a position to accept

the contention raised by the learned counsel for the petitioner.

Further the amount is not unreasonable for the reason that on three

occasions, the vehicle in question has been found to have violated

the provisions contained in the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001.

5. If the vehicle is not already confiscated, I direct that the

petitioner will be granted two weeks time from today to remit the

amount fixed in the impugned order, and that if the petitioner

remits the amount within two weeks from today, the vehicle will be

released. The petitioner shall produce a copy of this judgment

before the 1st respondent for compliance.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg