MUSTHAFA Vs. THE DISTRICT COLLECTOR,

JUDGEMENT

(1.) THE appellant challenges the judgment of the learned Single Judge in W.P. (C) No. 26923 of 2007 by which the learned Single Judge rejected the challenge against Ext.P4 order dated 21 -8 -2007 passed by the District Collector, Malappuram.

(2.) ON 13 -6 -2007 at 4 P.M., the Tahsildar, Ponnani seized the vehicle belonging to the petitioner, KL 8G 4348, on the ground that sand was being unauthorisedly transported in violation of Section 23 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and Rule 27(1) of the Rules framed thereunder. The Tahsildar prepared Ext.P3 mahazar indicating that sand was being unauthorisedly transported. In Ext.P3 mahazar it is also noted that, at the time of taking custody of the vehicle, the driver was not having any badge or licence.

(3.) AS stated earlier, challenging Ext.P4 order, the writ petition was filed. The petitioner contended before the learned Single Judge that Ext.P4 order is beyond the powers of the District Collector as held in Moosakoya v. : 2005(4)KLT331 , wherein this Court took the view that District Collector has no jurisdiction to confiscate the vehicle on finding that the vehicle was being used for unauthorised transportation of river sand. The decision in Moosakoya's case was overruled by a Division Bench of this Court in the case of Alavi, P.K. v. District Collector, ILR 2007 Ker 221. Therefore, the ground on which the petitioner contended that Ext.P4 is without jurisdiction is not sustainable now.