IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28209 of 2007(G)
1. KUNJI MOIDEEN KUTTY, AGED 42 YEARS,
... Petitioner
Vs
1. DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. REVENUE DIVISIONAL OFFICER (RDO),
3. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C). NO. 28209 OF 2007
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Dated this the 4th day of October, 2007
J U D G M E N T
In this case, proceedings have been initiated against the petitioner
on the allegation that his vehicle was involved in unauthorised
transportation of river sand. The matter reached the District Collector, who
in terms of the provisions contained in Rule 27 of the Rules concluded
enquiry and passed Ext.P7 order. It is seen from Ext.P7 that the petitioner,
who is the registered owner, was heard in the matter and he confessed his
guilt.
2. Now, the learned counsel for the petitioner submits that there is
no substance in the above statement. In the light of what has been stated
in Ext.P7, I can only be guided by the contents thereof. That apart, the
petitioner has also not produced any cogent evidence to conclude
otherwise.
3. In terms of the Rules, the vehicle can be released only if the value
of the vehicle and the fine amount has been remitted by the offender. In
this case it is a Mini Lorry and the value fixed is Rs.80,000/-. In my view it
is not disproportionate to the actual value of the vehicle and hence do not
warrant interference. However, I notice that the fine amount fixed is
Rs.50,000/- and this is too disproportionate to the quantity of the offence.
Accordingly, the fine of Rs.50,000/- will stand reduced to Rs.25,000/-.
Subject to such modification, the writ petition is dismissed.
ANTONY DOMINIC, JUDGE
vps
ANTONY DOMINIC, JUDGE
OP NO.8556/01
JUDGMENT
18TH SEPTEMBER, 2007
CRL.R.P.769/00
ORDER IN CRL.M.P. NO.4143/00 IN CRL.R.P.769/00
DISMISSED
13.9.07 SD/- K.R. UDAYABHANU, JUDGE
/TRUE COPY/
PA TO JUDGE.