IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22893 of 2009(F)
1. NOUFAL, S/O.MUHAMMED K.P.,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE TAHSILDAR, ERANAD TALUK,
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/08/2009
O R D E R
V.GIRI, J
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W.P.(C).22893/2009
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Dated this the 14th day of August, 2009
JUDGMENT
Petitioner is the registered owner of a 1996 Model
Mahindra Jeep bearing registration No.KL-10/E-7652. The
vehicle was seized by the 2nd respondent for the alleged
illicit transportation of river sand. District Collector has
passed final order as per Ext.P2 holding that the vehicle
was liable for confiscation and requiring the petitioner to
pay an amount of Rs.40,000/- towards the River
Management Fund. This has been challenged in the writ
petition.
2. Petitioner is now in possession of the vehicle, same
having been released on interim custody on payment of an
amount of Rs.25,000/-.
3. Learned counsel for the petitioner submits that the
vehicle in question was a 1996 Model vehicle. Therefore,
the value has been fixed at the higher side. It is also
pointed out that only two bags of sand were seized.
W.P.(C).22893/2009
2
Findings in Ext.P2 that the vehicle was indulging in illicit
transportation of river sand only requires to be affirmed.
Admittedly, there was no pass accompanying the vehicle
when it was intercepted.
4. The value of the vehicle has been fixed at an amount
of Rs.40,000/-. This is reasonable. In these circumstances,
I do not find any grounds to interfere with the same as well.
But further proceedings pursuant to Ext.P2 shall be kept in
abeyance for a period of two months from today and if the
petitioner pays the balance amount of Rs.15,000/- within
two months from today, then it shall be treated as due
compliance with Ext.P1.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs