High Court of KeralaWP(C)/10607/2008disposed of

Hassan Kunji v. District Collector & Others

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. 10607 of 2008 (K) ---------------------------- PETITIONER :

-------------------------- HASSAN KUNJI, S/O.BAVUTTY, AGED 27 YEARS, AREEPARAMBIL HOUSE, B.P.ANGADY PUTHUPPALLI, P.O.TIRUR.

BY ADV. SRI.K.M.FIROZ RESPONDENTS :

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

1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT.

2. THE TAHSILDAR, TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 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. 10607 of 2008 (K) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE FINAL ORDER PASSED BY THE DISTRICT COLLECTOR DATED 25.10.2007 EXT.P2 : COPY OF THE RELEVANT EXTRACT OF THE RC BOOK VEHICLE NO.KL10-B 9234 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

K.SURENDRA MOHAN, J.

------------------------------------ W.P.(C) No.10607 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 P1 of the District Collector is sustainable or not.

The petitioner is the registered owner of a 1994 mini vehicle bearing Registration No.KL10-B 9234. The vehicle was detained on 17.05.2007, alleging that it was involved in the transportation of river sand. The vehicle was having a permit, it is stated. As per Exhibit P1, the first respondent has imposed a fine of 25,000/- on the petitioner.

₹ 3.

According to the counsel for the petitioner, the first 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 first 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 P1 to the extent it has imposed a fine on the petitioner is unsustainable. Therefore, the same is set aside to the said extent. 5.

It is submitted by the counsel for the petitioner that some amount has been deposited pursuant to Exhibit P1. Needless

W.P.(C) No.10607 of 2008 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.