IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 22314 of 2005(F) -------------------------- PETITIONERS: ------------ 1. RAMESAN, S/O.BHASKARAN, MENODATH HOUSE, CHEMPU P.O. KOTTAYAM DISTRICT. 2. NAZZAR C.E. AGED 39 YEARS, S/O.ISMAIL, CHEMPIL HOUSE, THOTTUMUGHAM P.O. ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT: ------------- THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD P.O. ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.22314/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE SHOWING THE OWNERSHIP OF VEHICLE, DT.27.11.1995. EXT.P2: COPY OF THE REGISTRATION CERTIFICTE SHOWING THE OWNERSHIP OF VEHICLE, DT.7.7.87. EXT.P3: COPY OF THE PASS ISSUED BY THE MINING AND GEOLOGY DEPARTMENT, DT.13.7.2005. EXT.P4: COPY OF THE PASS ISSUED BY THE MINING AND GEOLOGY DEPARTMENT, DT.13.7.2005. EXT.P5: COPY OF THE DEALERS LICENCE ISSUED TO THE PETITIONERS BY THE DEALER, DT.4.4.2005. EXT.P6: COPY OF THE ORDER PASSED BY THE RESPONDENT, DT.21.7.2005. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.22314 OF 2005 -------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioners are the registered owners of the goods vehicles bearing registration No. KEK-7363 and KRU-5382. Those vehicles were seized by the Sub Inspector of Police, Mulamthuruthy, on the allegation that they were being used for transporting river sand illegally. The petitioners submitted that what was transported was ordinary sand, and not river sand, which was purchased from Reji Mechery, who was a dealer under the Kerala Miner Mineral Consession Rules, 1967. He was issued Exts.P3 and P4 cash memorandums enabling the transport of the ordinary sand. The said Reji Mechery has produced the counter foils of those memorandums before the District Collector. But the Collector imposed a fine of Rs.20,000/- and 25,000/- respectively on the petitioners, purportedly, under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. The said order is Ext.P6. Challenging that order, this writ pettion is filed. W.P.(C) No.22314/2005 2 2. The petitioners submitted that the District Collector has no power or authority to impose a fine on him. Only the competent criminal court can do that. It is also submitted that the petitioners were not given an opportunity of being heard or even a chance to represent against the proposed action. Therefore, the order is issued in violation of the principles of natural justice. 3. The respondent has filed a counter affidavit stating that what was transported was river sand and therefore the action against the petitioners is justified. 4. The point raised by the petitioner is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. As per the said judgment, the District Collector cannot impose any fine on a vehicle owner under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. Accordingly, the impugned order is quashed. The District Collector shall pass fresh orders in the matter, after W.P.(C) No.22314/2005 3 affording an opportunity of being heard to the petitioners, or a chance to represent against the proposed action. The final orders in this regard shall be passed, within three months from the date of production of a copy of this judgment. The petitioner shall keep alive the bank guarantee furnished by him, pursuant to the interim order of this Court dated 27.7.2005, till final orders are passed by the District collector as directed above. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps