IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20616 of 2009(V)
1. DIVAKARAN T.K. S/O.KUNJAN EZHUTHASSAN,
... Petitioner
Vs
1. DISTRICT COLLECTOR, COLLECTORATE,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :24/08/2009
O R D E R
V.GIRI, J.
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W.P.(C).No.20616 of 2009
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Dated this the 24th day of August, 2009.
JUDGMENT
The vehicle belonging to the petitioner
bearing registration No.KL-9-Q/8374 was seized by
the 2nd respondent on 20.3.2009 on the ground that
the same was involved in the illicit transportation of
river sand. After enquiry, Ext.P2 order has been
passed by the District Collector, affirming that the
vehicle was used in contravention of the provisions
of the Sand Act and requiring the petitioner to remit
Rs.1,15,000/- towards river management fund. This
is under challenge in this writ petition.
2. I heard learned counsel for the petitioner
and learned Government Pleader. I have also
perused the files, which have been produced by the
learned Government Pleader.
3. The finding in Ext.P2 that the vehicle
was used for illicit transportation of river sand
hardly warrants any interference, since admittedly
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the vehicle was not accompanied by a pass issued by
a competent Authority. Therefore, the said finding
in Ext.P2 is affirmed.
4. But, I find force in the submission of the
learned counsel for the petitioner that the value of
the vehicle has been fixed without a separate notice
to the petitioner or hearing. On a perusal of the
files, I find that there is an endorsement by one
Mr.P.V.Dhaneshan, Motor Vehicles Inspector,
Wadakkancherry that he had inspected the vehicle
and at present the value of the vehicle is fixed as
Rs.1,50,000/-.
5. The petitioner should be given an
opportunity to prove the value of the vehicle. That
has not been done in the present case.
6. Ext.P2 shall stand set aside to the limited
extent of the value of the vehicle being determined
therein for the purpose of requiring the petitioner to
pay the same for redemption of the vehicle. Fresh
orders, as regards the value of the vehicle shall be
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passed by the District Collector, after notice to the
petitioner and after giving him an opportunity of
proving the value of the vehicle, within four weeks
from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. to Judge