KUMARAVELAN M M Vs. DISTRICT COLLECTOR COLLECTORATE; SUB INSPECTOR OF POLICE KUNNAMKULM; PANJAL GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is the registered owner of a goods vehicle bearing registration No.KL-07-R-4224. The said vehicle was seized by the second respondent on 8.5.2009 on the ground that it was used to transport river sand without a valid pass.The petitioner states that his vehicle was used to transport river sand from Smasanam Kadavu in Panjal Grama Panchayat to the work site of the Panjal Panchayat. He also states that though the sand transported was covered by a pass issued by the Deputy Tahsildar of Talappilly Taluk and the said pass was shown to the Sub Inspector of Police, he forcefully took possession of the original of the pass and thereafter submitted a report to the District Collector, Thrissur, to the effect that the petitioner's vehicle was seized for transporting river sand without a valid pass.

(2.) Upon receipt of the report from the Sub Inspector of Police, the District Collector issued notice to the petitioner and heard him on 1.7.2009. At the time of hearing, the petitioner informed the District Collector that the sand transported in his vehicle was covered by a valid pass and that it was forcefully taken away by the Sub Inspector of Police. The District Collector did not accept the said contention and ordered confiscation of the vehicle finding that it was illegally used to transport river sand. The District Collector however permitted the petitioner to avoid confiscation by paying Rs.4,50,000/- fixed as the value of the vehicle in the river management fund. Ext.P2 order is under challenge in this writ petition.

(3.) Relying on Ext.P3, which is a duplicate of the pass issued by the Deputy Tahsildar, Talappilly Taluk to transport sand and Ext.P4 certificate issued by the Secretary of Panjal Grama Panchayat, the petitioner contends that the sand transported in his vehicle at the time when it was seized by the second respondent was sand covered by Ext.P3 pass. Though the Panjal Grama Panchayat is a party to the writ petition and has been served, the Panchayat has not entered appearance or disputed the authenticity and genuineness of Ext.P3 pass and Ext.P4 certificate. Ext.P4 certificate prima facie establishes that on the strength of Ext.P3 pass, a lorry load of sand was transported in the petitioner's vehicle on 8.5.2009.