CHEANDRAN S/O KUNJIKANNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is the owner of a goods vehicle bearing registration No. KL-11-V-3117. He has filed this writ petition challenging Ext.P1 letter sent by the District Collector, Palakkad, informing him that if the sum of Rs.75,000/- is not paid within seven days from the date of receipt of the letter, steps will be taken to confiscate his vehicle.

(2.) When this writ petition came up for hearing on 23.11.2009, the learned Government Pleader was directed to make available the files leading up to Ext.P1. The files were accordingly made available. The files disclose that the petitioner's vehicle was seized on 8.5.2009 by the Sub Inspector of Police on the allegation that it was used to transport river sand without a valid pass. A mahazar was prepared and a report was also submitted to the District Collector, Palakkad, on 8.5.2009 itself. The petitioner thereafter appear before the District Collector on 12.8.2009 and submitted a statement wherein he conceded that his vehicle was used to transport river sand without a valid pass. He also submitted that the value of the vehicle is Rs.3,25,000/- and that he is prepared to remit fine. He also requested the District Collector to release the vehicle. In the light of the stand taken by the petitioner, the District Collector passed an order on 12.8.2009 which read as follows:

(3.) More than one month thereafter, the petitioner filed an application through a lawyer requesting the District Collector to review the order passed by him on 12.8.2009 and to exempt him from paying any amount as fine. It appears that on receipt of the said letter, the District Collector sent Ext.P1 letter informing the petitioner that unless he pays the fine of Rs.75,000/-, steps will be taken to confiscate his vehicle