IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4136 of 2009(P)
1. MUNEER KOORIMANNIL, S/O.YOUSEFF,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE TAHSILDAR, PERINTHALMANNA.
3. THE SUB INSPECTOR OF POLICE, MANJERI.
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.4136 of 2009
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Dated, this the 9th day of February, 2009
J U D G M E N T
The petitioner is a registered owner of a lorry bearing
Regn.No.KL-10/Y-8638. Admittedly, thrice proceedings were
initiated against the vehicle under the Kerala Protection of River
Banks and Regulation of Removal of Sand Act, 2001 resulting in
adverse orders finding the involvement of the vehicle in
unauthorised transportation of river sand.
2. Finally, as can be seen from Ext.P5 mahazar, the vehicle
was seized by the 2nd respondent invoking the provisions contained
in the Kerala Anti Social Activities (Prevention) Act, 2007. The
petitioner, says that he filed Ext.P7 objection. However, by Ext.P8
order, the 1st respondent upheld the search and seizure and ordered
that the vehicle will be released to the owner, if he remits an amount
of Rs.1 lakh within 7 days. It is this order, which is under challenge
in this writ petition.
3. The only contention raised is regarding the
unreasonableness of the amount ordered to be remitted.
WP(C) No.4136/2009
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4. Having regard to the fact that the vehicle is a 2004
model vehicle and the value thereof, I am not in a position to accept
the contention raised by the learned counsel for the petitioner.
Further the amount is not unreasonable for the reason that on three
occasions, the vehicle in question has been found to have violated
the provisions contained in the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001.
5. If the vehicle is not already confiscated, I direct that the
petitioner will be granted two weeks time from today to remit the
amount fixed in the impugned order, and that if the petitioner
remits the amount within two weeks from today, the vehicle will be
released. The petitioner shall produce a copy of this judgment
before the 1st respondent for compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg