High Court of KeralaWP(C)/10199/2008disposed of

Gopinath v. State Of Kerala

2015-03-02Honourable Mr.Justice K.Surendra Mohan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 10199 of 2008 (L) ---------------------------- PETITIONER :

-------------------------- GOPINATH, S/O. MADHAVAN, AGED 52 YEARS, ORAVALIL HOUSE, CHEMMANATHUKARA P.O. VAIKOM, KOTTAYAM DISTRICT.

BY ADVS.SRI.P.R.SREEJITH SRI.K.B.SAJEESH RESPONDENTS :

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

2. THE DISTRICT COLLECTOR, KOTTAYAM.

3. THE ADDITIONAL TAHSILDAR, KOTTAYAM.

4. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM DISTRICT.

R BY SR.GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10199 of 2008 (L) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE CASH MEMORANDUM DATED 29.1.2008 ISSUED BY THE LICENSED TRADER FOR SALE OF ORDINARY SAND EXT.P2 : COPY OF THE LICENSE DATED 7.12.2007 HELD BY THE LICENSEE FOR THE STOCK AND SUPPLY OF ORDINARY SAND EXT.P3 : COPY OF THE SEIZURE MAHAZAR DATED 29.1.2008 DRAWN BY THE 3RD RESPONDENT EXT.P4 : COPY OF THE REQUEST DATED 1.2.2008 BEFORE THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER'S SON EXT.P5 : COPY OF THE NOTICE DATED 2.2.2008 ISSUED BY THE 2ND RESPONDENT EXT.P6 : COPY OF THE NOTICE FOR REHEARING DATED 15.2.2008 ISSUED BY THE 2ND RESPONDENT EXT.P7 : COPY OF THE JUDGMENT DATED 6.3.2008 IN WRIT PETITION (C)7691/2008 OF THIS HON'BLE COURT EXT.P8 : COPY OF THE ORDER DATED 13.3.2008 OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

K.SURENDRA MOHAN, J.

------------------------------------ W.P.(C) No.10199 of 2008 ----------------------------------- Dated this the 2nd day of March, 2015

J U D G M E N T

The only issue that survives in this writ petition is whether the impugned order Exhibit P8 of the District Collector is sustainable or not.

The petitioner is the registered owner of a Tipper Lorry bearing Registration No.KL-5P-8040. The vehicle was detained on 29.01.2008, alleging that it was involved in the transportation of river sand. The vehicle was having a permit, it is stated. As per Exhibit P8, the 2nd respondent has imposed a fine of 25,000/- on ₹ the petitioner.

According to the counsel for the petitioner, the 2nd respondent has no authority to impose the fine. Reliance is placed on the decision of this Court in Sanjayan v. Tahsildar [2007(4) KLT 597] to contend that, the action of the 2nd respondent is without any authority.

Heard the counsel for the petitioner as well as the learned Government Pleader. In view of the dictum laid down by this Court in Sanjayan v. Tahsildar (Supra), it has to be held that, Exhibit P8 to the extent it has imposed a fine on the petitioner is unsustainable. Therefore, Ext.P8 is set aside to the said extent, only in so far as it relates to the petitioner.

W.P.(C) No.10199 of 2008 5.

It is submitted by the counsel for the petitioner that some amount has been deposited pursuant to Exhibit P8. Needless to observe that the petitioner shall be given credit for the said amount while, finalising further proceedings in the matter. This writ petition is disposed of accordingly. Sd/- K.SURENDRA MOHAN, JUDGE.