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2018 Supreme(Ker) 482

SHAJI P.CHALY
Ajith Kumar, S/O Aravindakshan Pillai – Appellant
Versus
District Collector, Office of The District Collector – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.V.Dileep
For the Respondent: Government Pleader Sri.Manuraj K.J.

JUDGMENT :

1. This writ petition is filed by the petitioner seeking direction to respondents 1 and 2 for refund of money deposited by the petitioner before the river management fund, and to quash Ext.P6 proceedings issued by the 1st respondent dated 31.05.2018, declining to refund the money as requested by the petitioner. Brief material facts for the disposal of the writ petition are as follows:

2. A Mini Lorry belonging to the petitioner bearing No.KL-04-T-6617 was seized by the 3rd respondent, alleging illegal transportation of river sand. The 3rd respondent registered crime No.201/2010 for the offences punishable under Sections 17(4) and 28, r/w Sec.20 of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, 'the Sand Act'). Petitioner approached the 2nd respondent and by way of an interim order, the vehicle was released on condition of depositing an amount of Rs.44,640/-, being 1/3rd of the value of the vehicle to the river management fund. Accordingly, evident from Ext.P2, petitioner has deposited the same. The 3rd respondent submitted final report before the Judicial First Class Magistrate Court-I, Cherthala, which was taken on file as C.C.No.























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