Sabin v. The District Collector

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 P1 PHOTOCOPY OF THE ANNUAL LICENSE ISSUED FOR THE COUNTRY BOAT OF THE PETITOINER BY THE CANAL OFFICER, KODUNGALLUR DATED 8.12.2009 P2 PHOTOCOPY OF THE LEASE AGREEMENT DATED 5.11.2009 P3 PHOTOCOPY OF THE JUDGMENT DATED 5.2.2010 IN WP(c) NO.3787/2010 PASSED BY THIS HON'BLE COURT P4 PHOTOCOPY OF THE ORDER NO.10-72226/2009 DATED 8.1.2010 PASSED BY THE 3RD RESPONDENT P5 PHOTOCOPY OF THE INTERIM ORDER DATED 5.11.2009 IN WP(c) NO.30021/2009 PASSED BY THIS HON'BLE COURT P6 PHOTOCOPY OF THE ORDER NO.K.DIS.27820/09/L.10 DATED 23.6.2009 PASSED BY THE 1ST RESPONDENT 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.

2.

The fine imposed is Rs.50,000/- as per Ext.P4. The learned counsel would not argue on the merits, but on the manner in which the amount of fine was arrived at. There is absolutely no indication as to how the value of the country boat was arrived at. The petitioner also would specifically refer to Ext.P6, wherein another country boat was seized and fine was imposed at Rs.15,000/-. 3.

A reading of Ext.P4 order would indicate that merely on finding the offence, the fine was imposed at Rs.50,000/-. Considering the fact that the vessel which was

W.P.(C) No. 6720/2010 -2ordered 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