The court disposed of a writ petition challenging the seizure of a vehicle and imposition of fine by the Collector for unauthorised unloading of river sand, directing release upon remission of the fixed value.
Vehicle will be released if the petitioner remits the value fixed in Exhibit P4.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930
WP(C).No. 440 of 2009(B)
PETITIONER :
PRASHANTH, S/O.KUTTAPPAN, MALEERITHAZHAM HOUSE,FEROKE COLLEGE ROAD,RAMANATTUKARA,KOZHIKODE
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENTS :
BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
W.P.(C) No. 440 of 2009
Dated this the 23rd day of January, 2009
JUDGMENT
Exhibit P4 order is under challenge.
W.P.(C) No. 440 /2009
2
P4 is that none of the factual finding in Exhibit P4 were under dispute during the course of enquiry which the Collector has held. In the circumstances, finding in Exhibit P4 are unassailable.
Writ petition is disposed of with the above direction.
ANTONY DOMINIC, JUDGE
scm
2 issues framed by the court
Whether seizure of vehicle and imposition of fine for unauthorised unloading of river sand is sustainable in execution of transport permit.
Whether the value fixed for release of seized vehicle is legally sustainable.
PRASHANTH
DISTRICT COLLECTOR, KOZHIKODE
RAMANATTUKARA GRAMA PANCHAYATH
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
