Aisha Beevi v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 32946 of 2014 (P) ---------------------------- PETITIONER:
------------------ AISHA BEEVI, AL-SAVANIA MANZIL, MANNAR P.O, KURATTASSERY VILLAGE, CHENGANNUR, ALAPPUZHA DISTRICT.
BY DR.K.P.SATHEESAN (SENIOR ADVOCATE) ADVS. SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA-689645
2. THE SUB DIVISIONAL MAGISTRATE, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689101.
3. THE SUB INSPECTOR OF POLICE, PUIKKEEZHU POLICE STATION, VALANJAVATTOM P.O, PATHANAMTHITTA DISTRICT, PIN-689101.
BY GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 32946 of 2014 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- P1:- TRUE COPY OF THE ORDER NO 158/11 DATED 31/1/2011 PASSED BY THE 2ND RESPONDENT.
P2:- TRUE COPY OF THE ORDER NO DM4-4306/11 DATED 5/5/2011 PASSED BY THE IST RESPONDENT.
P3:- TRUE COPY OF THE MEMORNADUM OF APPEAL FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, PATHANAMTHITTA DATED 12/8/2011. P4:- TRUE COPY OF THE PETITION FILED TO CONDONE THE DELAY AS IA NO.569/2011 DATED 12/8/2011.
P5:- TRUE COPY OF THE ORDER DATED 30/10/2012 IN IA NO 569/2011 IN UNNUMBERED APPEAL OF THE DISTRICT COURT, PATHANAMTHITTA. P6:- TRUE COPY OF THE JUDGMENT DATED 10/7/2014 IN WPC NO 24433/2013. P7:- TRUE COPY OF THE ORDER DATED 9/10/2014 IN IA NO 569/2011 IN AS NO.111/2014 OF THE DISTRICT COURT, PATHANAMTHITTA. RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No.32946 of 2014 -------------------------------------------- Dated this the 25th day of March, 2015
JUDGMENT
The petitioner is the owner of the vehicle bearing No. KL40/6051 which was seized by the 3rd respondent on 5.1.2011 for illegal transportation of river sand. The matter was finalized by the 2nd respondent who passed Ext.P1 order dated 31.01.2011 ordering confiscation. The petitioner filed a revision petition before the 1st respondent, wherein interference was declined and the revision petition was dismissed as per Ext.P2 order dated 5.5.2011. Met with the circumstance, the petitioner moved the concerned District Court by filing an appeal wherein also no interference was made and the appeal was dismissed as per Ext.P3 order dated 12.08.2011.
2. As per the proceedings as above, the petitioner was however permitted to redeem the vehicle subject to satisfaction of a sum of 2.5 lakhs payable to the River Management fund, ₹ which is stated as satisfied by the petitioner. It was thereafter that the petitioner approached this Court seeking to set aside the
W.P.C. No.32946 of 2014 -2proceedings as per Exts. P1 and P2 passed in the year 2011 and to direct the re-fund of the amount, stating that the recovery of the said amount was quite arbitrary and illegal in all response.
3. When the matter came up for consideration before this Court on different occasions from 9.12.2014, the petitioner was required to produce copies of the relevant documents like sale bill, the relevant pass issued by the competent authority and also a copy of the mahazar. Despite several adjournments, no documents have been produced by the petitioner so far.
4. After considering the available materials on record it is seen that fact adjudication has been done at three different levels leading to concurrent findings. This Court does not find any merit to call for interference. No tenable ground is raised. The writ petition itself is belated. Interference is declined and the writ petition is dismissed.
P.R. RAMACHANDRA MENON, JUDGE.
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