Radhamony v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 29742 of 2009 (K) ---------------------------- PETITIONER(S):
------------- RADHAMONY, W/O. C.G.PRASANNAN, AGED 57 YEARS, PRASANTHI, VETTACKAL.P.O., CHERTHALA.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.K.S.SALEESH.
RESPONDENT(S):
------------- 1.
STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMNT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM.
4. THE VILLAGE OFFICER, VILLAGE OFFICE, KANAYANNUR.
BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 29742 of 2009 (K) APPENDIX PETITIONER(S)' EXHIBITS :
------------------------ EXT. P1 :
TRUE COPY OF THE REPRESENTATION DATED 04/06/2009 MADE TO THE 2ND RESPONDENT.
EXT. P2 :
TRUE COPY OF THE REPORT DATED 04/06/2009 OF 3RD RESPONDENT.
EXT. P3 :
TRUE COPY OF THE RECEIPT DATED 15/06/2009 ISSUED FROM DISTRICT TREASURY, ERNAKULAM.
EXT. P4 :
TRUE COPY OF THE PROCEEDINGS DATED 15/06/2009 OF THE 2ND RESPONDENT.
EXT. P5 :
TRUE COPY OF THE REPRESENTATION DATED 30/06/2009 MADE BEFORE THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS :
---------------------- EXT. R4(A) : TRUE COPY OF MEMO DATED 07/05/2009. /TRUE COPY/ P.A.TO JUDGE RVS.
K. VINOD CHANDRAN, J.
--------------------------------------- W.P(C). No.29742 of 2009 --------------------------------------- Dated this the 26th day of May, 2015.
JUDGMENT
The petitioner is aggrieved with an order issued, imposing penalty for an alleged offence, committed by a vehicle having Registration No.KL-17B-781. The records in the case would indicate that the offence alleged was one of illegal transportation of sand from a property comprised in Block No.12 of Kanayannur Village, Desom, Resurvey No.165/9 without any permission for the same obtained under the Kerala Land Utilisation Order, 1967 or any other statutory enactments.
2. The vehicle was seized and the petitioner had also remitted the penalty of Rs.25,000/- (Rupees Twenty five thousand only) on 15.05.2009. It is on remittance of such penalty, that the vehicle was released as per Ext.P4. The vehicle itself was taken into custody of on 15.05.2009. The petitioner then filed a representation indicated at Ext.P5 on 30.06.2009 and
W.P(C). No.29742 of 2009 took no further steps. Later on, after more than an year, the present writ petition was filed challenging the imposition of penalty as illegal.
3. Considering the fact that the petitioner had willingly paid penalty and also the fact that no order imposing such penalty has been produced hereunder, this Court would decline discretionary exercise of power under Article 226 of the Constitution of India to direct refund of the amounts paid, without demur, by the petitioner.
The writ petition hence would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE sp