IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 32982 of 2006(B) ------------------------------------------ PETITIONER: --------------------- 1. SIVARAMAN K.A., KANNANCHERY HOUSE, CHEMMANTHATTA P.O., PAZHUNNANA, THRISSUR. 2. T.V.PADMANABHAN, KRISHNA NIVAS, ATHALOOR P.O., THAVANUR, MALAPPURAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------------ 1. THE TAHSILDAR, TIRUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W .P.(C) NO.32982/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE KL 08/AG 4919. EXT.P2:- COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE NO.KL54/302. EXT.P3:- COPY OF THE PERMIT DT. 27.8.06 ISSUED IN RESPECT OF THE IST PETITIONER'S VEHICLE. EXT.P4:- COPY OF THE PERMIT DT. 27.8.06 ISSUED IN RESPECT OF THE 2ND PETITIONER'S VEHICLE. EXT.P5:- COPY OF THE REPRESENTATION DT. 31.10.06 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, THRISSUR. EXT.P6:- COPY OF THE JUDGMENT DT. 10.11.06 IN WPC. NO.28883/06. EXT.P7:- COPY OF THE LETTER DT. 21.11.06 ISSUED BY THE IST RESPONDENT TO THE IST PETITIONER. EXT.P8:- COPY OF THE LETTER DT. 21.11.06 ISSUED BY the IST RESPONDENT TO THE 2ND PETITIONER. EXT.P9:- COPY OF THE ORDER DT. 18.11.06 ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER. EXT.P10:- COPY OF THE ORDER DT. 18.11.06 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.32982 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Exts.P9 and P10 orders passed by the District Collector are under challenge. The issue pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. It is seen that the District Collector has imposed a fine on the petitioners. In view of the bench decision of this court in Sanjayan v. Tahsildar (2007(4) KLT 597)the District Collector cannot impose a fine on the owner of a vehicle, under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001(Kerala). The District Collector is authorised only to confiscate the vehicle . The power of imposition of fine rests only with the court. Of course, the District Collector is also authorised to compound the offence. But the question of compounding arises only if the parties are willing to compound the offence. Accordingly, the impugned orders are quashed. There will be a direction to the District Collector to pass fresh orders in the matter after affording an opportunity for hearing to the petitioners, within four months from the date of production of a copy of the judgment by the petitioners. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.32982 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.