High Court Kerala High Court

Ummer K vs The District Collecotr on 13 August, 2010

Kerala High Court
Ummer K vs The District Collecotr on 13 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1389 of 2010()



1. UMMER K
                      ...  Petitioner

                        Vs

1. THE DISTRICT COLLECOTR
                       ...       Respondent

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :13/08/2010

 O R D E R
          J.Chelameswar, C.J. & P.N.Ravindran, J.
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                        W.A.No. 1389 OF 2010
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              Dated this the 13th day of August, 2010

                               JUDGMENT

J.Chelameswar, C.J.

Aggrieved by judgment dated 13.07.2010 the unsuccessful

petitioner in W.P.(C) No.1389 of 2010 has preferred this appeal.

2. By order dated 10.06.2010, the District Collector,

Malappuram found the appellant herein guilty of transporting

river sand illegally using his vehicle bearing Registration No.KL-

10/AE-762 and therefore ordered confiscation of the

abovementioned vehicle. However, as per Rule 27(3) of the

Kerala Protection of River Banks & Regulation of Removal of Sand

Rules, 2002 the District Collector permitted the appellant herein

to redeem the vehicle on payment of the value of the vehicle

which was fixed at Rs.5,30,000/-. Challenging the said order,

the abovementioned writ petition came to be filed which was

dismissed by the judgment under appeal.

3. The only submission made by the learned counsel for

the appellant is that the vehicle in question was not transporting

river sand but ordinary sand and therefore, the provisions of the

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abovementioned Act and Rules do not apply.

4. The question whether the vehicle was carrying river

sand or ordinary sand is a question of fact. Nothing is brought to

our notice from the record that the petitioner has taken such a

stand at any stage during the pendency of the confiscation

proceedings. On the other hand, it appears from Ext.P2 order

that the appellant herein pleaded guilty in the proceedings before

the Collector. No contemporaneous piece of evidence is available

on record or brought to our notice to establish that such a finding

is inconsistent with the the stand taken by the appellant in the

proceedings for confiscation.

In the circumstances, we do not see any reason to interfere

with the judgment under appeal. The appeal is therefore

dismissed at the admission stage.

J.Chelameswar,
Chief Justice.

P.N.Ravindran,
Judge.

ttb

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