: Madras High Court bench today directed the Tirunelveli District collector and Cheranmadevi Sub-Collector to return the fine amount of Rs 25,000 per lorry collected from a owner for allegedly transporting sand over and above the quantity mentioned in the dispatch slip.
Disposing a petition filed by the lorry owner, Justice S Vaidhyanathan said the Sub Collector had not followed a scientfic method to measure the quantity of sand allegedly transported by the lorry owner.
The petitioner had preferred a appeal against the order to the Collector.
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Though the Collector remanded the case to the Sub Collector after setting aside his order, directing him to consider the case afresh following scientific method of measuring the sand, he had not done so.
"In all fairness, the Sub Collector should have issued notice, conducted scientific evaluation in the presence of the Lorry owner(Petitioner)and then passed an order. Such an order should have to be communicated to the Petitioner."
But the sub collector had submitted his report 'behind the back' of the Petitioner, based on which the Collector had reversed his own order(that measures sand quantity scientifically in the presence of the petitioner) and confirmed the fine imposed on the owner by the sub collector.
The judge said the collector's order itself was violation of provisions of law and there was no need for him to direct the petitioner to appear before the director of Geology and Mining.
The Judge directed the collector to refund the fine collected from the petitioner within two weeks. He should consider the case of the Petitioner afresh on merit. If the petitioner was aggrieved, then he could challenge it.
The Petitioner said his six lorries were seized for transporting more sand than what was permitted. But no scientific measurement was done by the sub collector. He was also fined of Rs.25000 per lorry.
Though the Collector directed the Sub Collector to measure the sand scientifically, he had filed a report and slapped a fine. Hence he moved court, the petitoner said.
