IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1036 of 2010()
1. UNNIKRISHNAN
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :22/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR &
P.S.GOPINATHAN, JJ.
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Writ Appeal No.1036 of 2010
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Dated this the 22nd day of June, 2010.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed against judgment of the learned Single Judge
confirming the order of the Collector directing the appellant to pay
Rs.70,000/- towards value of the vehicle confiscated for transporting
river sand without pass. Counsel for the appellant submitted that the
vehicle is a mini lorry of 1988 make. Adjudication order also confirms
that the vehicle is a mini lorry. Obviously if it is a 1988 model mini
lorry, the valuation done by the Collector is excessive. Considering
the make and type of vehicle, we feel value has to be re-estimated.
Though in the normal course we should remand the matter for
reconsideration, we feel valuation itself is a subjective matter and next
valuation also may lead to litigation. Therefore, for the sake of
finality, we fix the value at Rs.30,000/- (Rupees thirty thousand). Writ
Appeal is allowed by vacating the judgment of the learned Single Judge
and W.P.(C) is disposed of by modifying the order of the Collector,
2
refixing the value of the vehicle at Rs.30,000/-. On payment of
Rs.30,000/-, the vehicle will be released to the appellant but with an
endorsement in the RC book that the vehicle was once involved in an
offence, so that for repeated offence more severe action could be taken
against the appellant.
Issue photocopy today itself.
C.N.RAMACHANDRAN NAIR
Judge
P.S.GOPINATHAN
Judge
pms