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2011 Supreme(Ker) 550

ANTONY DOMINIC
Sudheer – Appellant
Versus
District Collector – Respondent


Advocate Appeared:
For the Petitioner:M.K. Faisal, M. Shaju Purushothaman, Advocates.
For the Respondent: T.K. Aravinda Kumar Babu, Government Pleader.

JUDGMENT :-

1. Petitioner is the registered owner of Tipper Lorry bearing Reg.No.KL-45-A-2719.

2. Proceedings were initiated against the vehicle on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Those proceedings culminated in Ext.P2 order of the District Collector. In that order petitioner was found guilty and was directed to remit an amount of `25,000/- towards fine. The order contains a further direction, which reads as under :-

The challenge in this writ petition is only against the aforesaid direction that the payment of fine shall be endorsed in the R.C.Book. Taking note of the said grievance of the petitioner, this Court passed order dated 15.7.2008 directing the learned Govt. Pleader to get instructions as to what is the source of power available to the District Collector to order endorsement of payment of fine in the R.C.Book. However, so far no counter affidavit has been filed in this writ petition.

3. The procedure for confiscation of the vehicle has been laid down in Rule 27 of the provisions of the Kerala Protection o







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