THOMAS V T Vs. DISTRICT COLLECTOR ALAPPUZHA

JUDGEMENT

(1.) THE petitioner is challenging Ext.P10 order of the District Collector passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by which, on a finding that the petitioner has used his vehicle for transporting river sand, the petitioner was directed to pay an amount of Rs.2,50,000/- being the value of the vehicle, towards river management fund. THE petitioner's contention is that Ext.P10 order has not been passed in accordance with Ext.P5 judgment of this Court in a writ petition earlier filed by the petitioner. According to him, by Ext.P5 judgment dated 23.11.2009, the District Collector was directed to take a decision as to the question whether the District Collector should proceed under the Mines and Minerals (Development and Regulation) Act or the Kerala Protection of River Banks and Regulation of Removal of Sand Act, or under both Acts. That decision was directed to be taken within one month, failing which, the vehicle has to be released unconditionally, is the contention. According to the petitioner, since Ext.P10 order has been passed only on 21.6.2010, it is in violation of Ext.P5 judgment and therefore, is liable to be quashed.

(2.) THE learned Government Pleader would submit that the direction in Ext.P5 judgment is not to pass final orders within one month, but only to initiate fresh proceedings within one month, which has been done by Ext.P6 notice dated 8.12.2009, which is well within the time limit prescribed in Ext.P5 judgment. He further submits that in Ext.P6 it has been specifically stated that the petitioner had unauthorizedly transported river sand and therefore, in accordance with Ext.P5 judgment, proceedings are proposed to be taken. THE Government Pleader would argue that the said notice shows that the District Collector has decided to proceed under the the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Pursuant to that notice, the petitioner has been afforded an opportunity of being heard and therefore, Ext.P10 order passed is perfectly valid and proper, is his contention.