IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 26066 of 2008(C) ------------------------------------- PETITIONER: -------------------- AJIKUMAR, S/O.PRABHAKARAN PILLAI, PERINTHOLIL HOUSE, KOZHIPURAM. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ---------------------- THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI. I.V.PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.26066 of 2008 ================== Dated this the 29th day of August, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P1 order under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act, 2001, whereby for alleged violation of the Act and Rules the petitioner has been imposed a fine of Rs.25,000/-. The counsel for the petitioner submits that this court has in Exts.P2 and P3 judgments held that the District Collector has no power to impose fine. The learned Government Pleader submits that although the word 'fine' is used, the intention in issuing Ext.P1 was only to invoke powers under Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of River Sand Act, 2001 to recover amounts towards River Management Fund as provided therein. What ever that be, I find that the District Collector has termed it as 'fine' which this court has held in Exts.P2 and P3 that the District Collector has not powers for. 2. In the above circumstances, while quashing Ext.P1 order, I direct the respondent to pass fresh orders in accordance with the Act and Rules. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs