IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19181 of 2005(H)
1. K.ACHUTHAN, S/O.CHANDRAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE REVENUE DIVISIONAL OFFICER/
4. THE DIRECTOR,
For Petitioner :SRI.M.THAMBAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :11/07/2008
O R D E R
K. BALAKRISHNAN NAIR, J.
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W.P.(C) No.19181 OF 2005
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Dated this the 11th day of July, 2008
J U D G M E N T
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The petitioner is the owner of a lorry bearing registration
No.KL-14/E-2375. The said vehicle was seized by the Revenue
Divisional Officer and kept in the police station. Later, it was
released on payment of Rs.10,000/- to the River Management
Fund, as evident from Ext.P1. The petitioner submits that he
had a valid permit for transporting the sand. Even if, there is
any irregularity, the maximum fine that could be imposed on
him under the provisions of the Kerala Miner Mineral
Concessions Rule 1967 is only Rs.5,000/-. So, the respondents
may be directed to refund the amount paid as per Ext.P1.
2. The vehicle, which was seized on the allegation that
it was used for transporting river sand is liable to be
confiscated. In that event, the vehicle can be released only on
paying the value of the vehicle. In fact, by the irregular
procedure followed by the respondents, the petitioner has stood
to gain. Therefore, there is no reason for him to demur. If this
W.P.(C) No.19181/2005 2
Court quashes the collection of amount and remits the matter to
the District Collector for fresh disposal, graver consequences
may befall the petitioner. Therefore, it is unnecessary for this
Court to interfere with the impugned order, which is favourable
to the petitioner herein. Accordingly, this writ petition is closed.
(K.BALAKRISHNAN NAIR, JUDGE)
ps