RAJEESH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE challenge in this writ petition is against Ext.P2, an order passed by the District Collector way back on 23/3/2010 exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. By this order, it is found that the vehicle bearing Regn.No.KL-55 D 8466, of which the petitioner is the registered owner, was engaged in the unauthorised transportation of river sand. On that basis, petitioner is ordered to remit an amount of Rs.1 lakh as the value of the vehicle and informed that, or else, the vehicle will be confiscated. It is this order, which is under challenge.

(2.) ALTHOUGH petitioner has filed an affidavit attempting to explain the delay in filing the writ petition, the explanations offered are unsatisfactory. Even otherwise, a reading of Ext.P2 order shows that in response to the notice issued, petitioner appeared before the District Collector and confessed that the transportation was without a pass. There is no reason to disbelieve the factual finding entered by the District Collector based on the submissions made by the petitioner himself. In that view of the matter, I am not persuaded to interfere with the proceedings. Writ petition is dismissed.