High Court Kerala High Court

Sukumaran E.K. Eswaramangalath … vs The District Collector on 24 August, 2009

Kerala High Court
Sukumaran E.K. Eswaramangalath … vs The District Collector on 24 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17702 of 2009(G)


1. SUKUMARAN E.K. ESWARAMANGALATH HOUSE,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, TRISSUR.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.M.BENZIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :24/08/2009

 O R D E R
                        V.GIRI, J.
          ----------------------------------------
                W.P.(C).No.17702 of 2009
          ----------------------------------------
         Dated this the 24th day of August, 2009.


                       JUDGMENT

The petitioner is the registered owner of a

tipper lorry bearing registration No.KL-04/P-7133.

The vehicle was intercepted by the 2nd respondent on

3.5.2009 alleging illicit transportation of river sand.

According to the petitioner, the sand was being

transported with a valid pass. A copy of the same has

been produced as Ext.P1. The petitioner further

contends that the driver of the vehicle had handed

over the original of Ext.P1 pass to the Sub Inspector.

But, a copy of the seizure mahazar was not served on

him. Ultimately, the District Collector conducted an

enquiry and passed Ext.P4 order finding that there

was illicit transportation of river sand and directing

the petitioner to remit an amount of Rs.3,05,000/-

towards river management fund. This has been

challenged in this writ petition.

W.P.(C).No.17702 of 2009

:: 2 ::

2. Learned Government Pleader has

produced the files leading to Ext.P4. I heard learned

counsel for the petitioner and learned Government

Pleader.

3. Learned counsel for the petitioner

submits that the transportation of river sand was with

the aid of a pass and if that be so, it cannot be

considered as illicit.

4. Learned Government Pleader submits

that the photo copy of the pass itself shows that it was

tinkered with.

5. I find force in the submission of the

learned counsel for the petitioner that the District

Collector ought to have, at least, considered the

contention of the petitioner that the transportation of

river sand was supported by a pass issued earlier. On

a consideration, it might have been open to him to

reject the said contention, if there were materials to

show that the contention could not be accepted. But,

W.P.(C).No.17702 of 2009

:: 3 ::

an authority exercising quasi judicial power

cannot refuse to consider a vital contention and

then conclude that there was infraction of the

law.

6. In these circumstances, I am of the

view that the matter requires reconsideration by

the District Collector.

In the result, Ext.P4 is set aside and the

writ petition is disposed of directing the District

Collector to pass fresh orders in the matter of

confiscation/release of the vehicle bearing

registration No.KL-04/P-7133. It is open to the

petitioner to produce materials to show that the

transportation of river sand, on the date in

question, was legitimate and was supported by a

pass issued in that regard. The normal records

maintained by the dealer, on whose behalf Ext.P1

was issued, can also be produced before the

W.P.(C).No.17702 of 2009

:: 4 ::

District Collector to substantiate his contentions.

Fresh orders shall be passed within six weeks

from the date of receipt of a copy of this

judgment.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. to Judge