AJIMON JOSEPH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner's vehicle was seized on allegations of illegal transportation of river sand contrary to the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by Ext.P4 order dated 7.3.2011. THE 2nd respondent- Sub Collector, who had jurisdiction at that time, found that the vehicle was used for illegal transportation of river sand and ordered confiscation of the vehicle. THE petitioner filed a revision dated 26.4.2011 before the District Collector who also had revisional jurisdiction at that time. By Ext.P6 order dated 17.6.2011, the the District Collector rejected the revision on the ground that the revision petition was filed beyond the limitation period prescribed by the Act. THE petitioner filed an appeal before the District Judge, Thodupuzha, which was also rejected by Ext.P7 order dated 13.1.2012. THE petitioner is challenging Exts. P3, P5 and P7 orders in this writ petition.

(2.) ACCORDING to the petitioner, as is evidenced by Ext.P2 cash memorandum, the petitioner was transporting only ordinary sand and as per Ext.P3 for transporting ordinary sand, no permit is necessary. He submits that therefore the impugned orders are totally without jurisdiction and is liable to be quashed.

(3.) APART from that, the question as to whether the sand transported by the petitioner was river sand or not is a question of fact. Two quasi-judicial authorities and one District Judge have concurrently found that the same was river sand and the petitioner was not able to produce valid documents for transporting the same. Of course, on the date when the District Judge passed Ext.P7 order, the Amendment Ordinance, which gave appellate power to the District Court, had already lapsed and therefore, Ext.P7 may be said to be without jurisdiction. Even then, going by Ext.P4, I do not find any grounds to interfere with the conclusions reached in Ext.P4. The petitioner has no case that the petitioner had not been given an opportunity of being heard or opportunity to produce evidence. In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed.