This court dismissed a writ petition challenging an order imposing a fine for unauthorized transportation of river sand. Finding the petitioner failed to produce evidence of house construction, the court held that the impugned order could not be disturbed.
The writ petition is dismissed and the impugned order of the District Collector stands affirmed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931
WP(C).No. 4070 of 2009(H) -------------------------
PETITIONER(S):
JEMSHEER K, S/O. KARAT NAZER,
KARAT HOUSE P.O. MAMPAD, MALAPPURAM DIST.
BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92)
RESPONDENT(S):
MR.M.A.ASIF, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
W.P.(C.) No.4070 of 2009
Dated, this the 7th day of April, 2009
J U D G M E N T
Challenge in the writ petition is against Ext.P3, an order passed by the District Collector exercising his powers under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. In this order, finding that the autorickshaw bearing Regn.No.KL-13/P-3051, a 2005 model one, was involved in the unauthorised transportation of river sand, the petitioner has been ordered to remit Rs.30,000/- being the value of the vehicle to the River Management Fund.
WP(C) No.4070/2009
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document. In the absence of any such document, I cannot find fault with the District Collector, for the view that he has taken in Ext.P3.
If that be so, the findings of the amount in Ext.P3 cannot be disturbed.
Therefore, the writ petition fails and is dismissed.
(ANTONY DOMINIC, JUDGE)
jg
2 issues framed by the court
Whether the order imposing a fine on the petitioner for unauthorized transportation of river sand should be quashed in the absence of evidence supporting his claim of house construction.
Whether the petitioner produced sufficient evidence to counter the Collector's findings.
1 provisions across 1 enactments
JEMSHEER K
THE TAHSILDAR, NILAMBUR TALUK, MALAPPURAM DIST.
THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
