J U D G M E N T

Ext.P4 in WPC No.30178/07 and Ext.P5 in WPC No.30745/07 are orders issued by the 3rd respondent, District Collector, Malappuram exercising his powers under Rule 27 of the Protection of River Banks and Regulation of Removal of Sand Act and Rules, 2001.

2. By these orders, the vehicles involved were found to have been used for the unauthorised transportation of river sand and on that basis, value of Rs.35,000/- each and penalty of Rs.50,000/- each is ordered to be remitted to the River Management Fund.

3. The vehicles in question were seized by the 1st respondent-Tahsildar on finding that they were unauthorisedly transporting river sand and it is thereupon that the matter reached the 3rd respondent for orders under Rule 27. It is stated in the impugned orders that the petitioner had given applications dated 26.9.07, in which he has confessed that river sand was loaded without obtaining a pass. This alleged confession seems to be the whole basis on which petitioner is held guilty.

4. When the learned counsel for the writ petitioner asserted before this court that the petitioner had not made any such confession as is wrongly stated in the impugned orders, I had directed