Abdul Razaq P.P vs The District Collector on 27 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6439 of 2009(Y)



1. ABDUL RAZAQ P.P
                      ...  Petitioner

                        Vs

1. THE DISTRICT COLLECTOR, MALAPPURAM
                       ...       Respondent

                For Petitioner  :SRI.T.K.AJITH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/02/2009

 O R D E R
                           ANTONY DOMINIC, J.
                          ==============
                     W.P.(C) NO. 6439 OF 2009 (Y)
                    ====================

               Dated this the 27th day of February, 2009

                               J U D G M E N T

Ext.P1 order is under challenge. Proceedings were initiated against

the petitioner’s jeep bearing Regn.No.KL-1 C 3732 on the allegation that it

was used for the illegal transportation of river sand in violation of the

provisions contained under the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001. A reading of Ext.P1 shows that

during the course of the enquiry before the District Collector, petitioner

has confessed that the transportation was without any pass. If that be so,

the finding of the District Collector regarding violation of the provisions of

the Act cannot be faulted. Counsel then contends that the value fixed is

on the higher side. A reading of the order shows that the value fixed is

Rs.40,000/-. In all cases, value is fixed on the assessment made by the

officers of the Motor Vehicles Department. If that be so, this Court will not

be justified in upsetting the same especially in the absence of any material

to find the same to be perverse.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp