IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 12526 of 2008(N) -------------------------- PETITIONER(S) :- ------------------------ MOIDEEN, S/O.SAIDALI, THAIKKADAN HOUSE, CHANKUVETTY, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S) :- ------------------------ 1. THE TAHSILDAR, TIRURANGADI. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE OTHUKUNGAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OTHUKUNGAL P.O., MALAPPURAM DISTRICT. 4. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT., SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.RAMACHANDRAN FOR R.3 SMT.R.MEERA FOR R.3 GOVT. PLEADER MR.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.12526 OF 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Registration Certificate of the vehicle bearing registration No.KL-11X 2367. Ext.P2 :- Copy of the mahazar dated 16.2.2008 prepared by the 1st respondent. Ext.P3 :- Copy of the pass issued by the Othukungal Grama Panchayat having serial No.880, Book No.18. Ext.P4 :- Copy of the letter dated 18.2.2008 issued by the 3rd respondent. Ext.P5 :- Copy of the order dated 12.3.2008 passed by the 2nd respondent. Ext.P6 :- Copy of the receipt issued from the Court of the Judicial Magistrate of First Class, Malappuram. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.12526 of 2008 ------------------------------------ Dated this the 24th day of June 2011 J U D G M E N T Among the prayers in the writ petition, challenge against the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001 stands concluded against the petitioner by virtue of the judgment in W.A.No.3005 of 2007 and connected cases. The only further issue is regarding the validity of fine imposed on the petitioner as per Ext.P5 order of the District Collector. 2. A reading of Ext.P5 order shows that, on finding that the vehicle has been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, the District Collector has ordered that the petitioner shall remit the value of the vehicle and also fine. W.P.(C).No.12526 of 2008 -: 2 :- 3. In so far as the levy of fine is concerned, in the light of the principles laid down by the Division Bench of this Court in W.A.No.1330 of 2002 and connected cases, levy of fine by the District Collector cannot be sustained. Therefore, Ext.P5 order to the extent fine of `25,000/- has been levied on the petitioner is set aside. In all other respects, the writ petition will stand dismissed. ANTONY DOMINIC, JUDGE. Jvt