This writ petition challenged a confiscation order imposing a Rs.50,000 fine for illegal river sand removal. The court modified the order, reducing the fine to Rs.15,000 and directed remittance within two months to prevent seizure.
Fine reduced from Rs.50,000 to Rs.15,000; petitioner to remit amount within two months or face seizure.
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 K.VINOD CHANDRAN
TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937
WP(C).No. 6720 of 2010 (L)
PETITIONER:
SABIN, AGED 47 YEARS,S/O.PHILIP, KURISSINGAL VEETTIL, METHALA VILLAGE KODUNGALLUR TALUK, THRISSUR DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENTS:
1. THE DISTRICT COLLECTOR, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT.
BY GOVERNMENT PLEADER SRI. S. JAMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6720 of 2010 (L)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
W.P.(C) No. 6720 of 2010 (L)
Dated this the 11th day of August, 2015
J U D G M E N T
The petitioner is aggrieved with Ext.P4, by which a confiscation order was passed on a country boat in which allegedly river sand was carried illegally against the provisions of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001.
W.P.(C) No. 6720/2010
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ordered to be confiscated is only a country boat, and in a similar circumstance fine of Rs.15,000/- was imposed, this Court would modify Ext.P4 insofar as reducing the fine amount to Rs.15,000/-. The petitioner shall remit the said amount within a period of two months from the date of this judgment, failing which the country boat shall be liable for seizure or confiscation and proceedings also shall be initiated for recovery against the petitioner.
Writ petition is disposed of.
Sd/K.VINOD CHANDRAN, JUDGE
jjj
1 issue framed by the court
Whether the fine imposed in the confiscation order for illegal removal of river sand is reasonable and supported by sufficient reasoning regarding the vessel's value.
1 provisions across 1 enactments
SABIN
THE DISTRICT COLLECTOR, ERNAKULAM
THE SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
