High Court Kerala High Court

Rafeek vs The District Collector on 30 November, 2010

Kerala High Court
Rafeek vs The District Collector on 30 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27778 of 2009(N)


1. RAFEEK, S/O. BEERU, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE C.I. OF POLICE,

3. THE S.I. OF POLICE,

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/11/2010

 O R D E R
                     ANTONY DOMINIC, J.
              -----------------------------------------
                 W.P(C) NO.27778 OF 2009
       ---------------------------------------------------------
       Dated this the 30th day of November, 2010

                            JUDGMENT

Petitioner challenges Ext.P6 order passed by the 1st

respondent exercising powers under Kerala Protection of

River Banks and Regulation of Removal of Sand Act, 2001.

Petitioner is the registered owner of a tipper lorry bearing

registration No.KL-2/V-1998. On 9.4.2009, the 2nd

respondent seized the vehicle on the allegation that the

lorry was used for transportation of river sand, in violation of

the provisions of the Act. The matter was reported to the 1st

respondent.

2. The 1st respondent issued notice to the petitioner

and heard him on 24.6.2009. Thereafter, Ext.P6 order was

issued, holding that the vehicle was used for illegal

transportation of river sand and that the same was liable for

confiscation. There was also ordered that if the petitioner

remits Rs.5,50,000/- being the value of the vehicle fixed by

W.P(C) NO.27778 OF 2009
2

the Joint Regional Transport Officer, the vehicle will be

released. This is the order which is under challenge.

3. According to the counsel, the sand was purchased

as per Ext.P2 invoice and it was transported on the strength

of Ext.P3 delivery note. It is his contention that though

these documents were made available to the District

Collector, he passed Ext.P6 order without adverting to Ext.P2

or Ext.P3.

4. However, both in Ext.P6 and in the counter

affidavit filed in this writ petition the categorical averment

made is that the petitioner did not produce any document

legitimising the transportation. Further, the petitioner has

not produced any evidence to substantiate his contention

that these documents were produced before the District

Collector. That apart, the learned Government Pleader, who

was obtained original files also referred me to the statement

given by the driver of the vehicle at the time when the

vehicle was seized, which shows that the driver had no case

W.P(C) NO.27778 OF 2009
3

that he was in possession of Ext.P2 or Ext.P3 at the time of

the seizure of the vehicle. Further, the statement filed by

the petitioner before the 1st respondent, also shows that the

petitioner did not refer to either Ext.P2 or Ext.P3. Thus the

factual findings in Ext.P6 and the averments in the counter

affidavit to prove that the petitioner did not produce Ext.P2

or Ext.P3 at any time before the 1st respondent.

5. That apart, counter affidavit also refers to the

amendment to Rule 38-B of the Tamilnadu Miner Mineral

Concession Rules which prohibits transportation of river

sand to out side the State. That amendment came into force

with effect from 25.8.2006 and if that be so, theory of the

petitioner that the sand was originally brought by his vendor

from Tamil Nadu is unbelievable. That apart, even if it is

resumed that the sand was purchased by the petitioner, the

petitioner has not produced any permit obtained from KMMC

Rules, which alone legitimizes transportation of river sand.

In view of these facts, the findings of the District Collector

W.P(C) NO.27778 OF 2009
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that the vehicle in question was used for unauthorised

transportation of river sand cannot be faulted.

6. Then what remains is the correctness of the value

of the vehicle that is fixed in Ext.P6. Reading of Ext.P6

shows that the District Collector got the value of the vehicle

fixed by the Joint Regional Transport Officer and it is based

on such fixation, that value ordered to be remitted by the

petitioner. Nobody can dispute the competence of the Joint

Regional Transport Officer to fix the value of the vehicle.

Further there is also no material to conclude that the

valuation done is vitiated for any reason.

Writ petition is only to be dismissed and I do so.

ANTONY DOMINIC,
JUDGE
dmb