R MOHAN KUMAR Vs. DISTRICT COLLECTOR,; STATE OF KERALA,; CIRCLE INSPECTOR OF POLICE AND; SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner challenges the order of confiscation of the vehicle, namely, TN-47-S-6061 by the District Collector. As per Ext.P5 order, the petitioner is directed to pay a sum of Rs. 9,50,000/- failing which the vehicle shall be auctioned as per the rules.

(2.) The learned Senior Counsel appearing for the petitioner submitted that the petitioner's lorry was engaged by one Sri Ganapathi Traders, Palakkad for transporting river sand from the State of Tamil Nadu to State of Kerala. Ext.P1 is the invoice and Value Added Tax was paid by the petitioner in the name of Sri Ganapathi Traders, Palakkad as per Ext.P2. Ext.P3 is the copy of the delivery note showing payment of the Kerala Value Added Tax. Sand was to be delivered at Irinjalakuda for the customer of Sri Ganapathi Traders, Palakkad. During the transportation of the same, it was intercepted by the Circle Inspector, Cherp Police Station and, thereafter, it was produced before the District Collector. It is pointed out that the petitioner had purchased the sand from an authorised dealer of Tamil Nadu. It is pointed out that there was no allegation that the sand was collected anywhere within the limits of State of Kerala and, therefore, the provisions of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 will not apply.

(3.) In Ext.P5, the District Collector concluded that the transport of river sand is not a legal one and therefore, there is violation of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The District Collected relied upon the Judgment in W.P.(C). No. 3656/2008 to conclude that unless the bills issued by the Public Works Department of Tamil Nadu are produced, no other evidence can be accepted.