IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 22837 of 2005(R) -------------------------- PETITIONER: ------------ ABBAS, S/O.ALI, AGED 28 YEARS, CHERODATH HOUSE, KUTTAMASSERY KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION, ERNAKULAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.22837/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE VALID PASS (CASH MEMORANDUM) DT.16.7.2005 ISSUED BY THE DISTRICT GEOLOGIST, THRISSUR. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DT.18.07.2005. EXT.P3: COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DT.25.07.2005. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.22837 OF 2005 -------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a goods vehicle bearing registration No. KL-I/5618. The said vehicle was seized by the 2nd respondent, Sub Inspector of Police, Thrikkakkara Police Station, on 16.7.2005, on the allegation that it was used for transporting river sand, illegally. The petitioner then moved the District Collector for release of the vehicle by filing representation dated 18.7.2005. The 1st respondent, District Collector, passed Ext.P3 order dated 25.7.2005, imposing a fine of Rs.25,000/-, on the allegation that he transported the river sand illegally. The petitioner submits the District Collector has no power or authority to impose a fine on him. Only the competent court can do that. 2. I heard the learned Government Pleader for the respondents also. 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 W.P.(C) No.22837/2005 2 judgment, the District Collector cannot impose any fine on the owner of a vehicle under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. Accordingly, Ext.P3 is quashed. The 1st respondent, District Collector, shall pass fresh orders in the matter, after affording an opportunity of being heard to the petitioner, in accordance with law, 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 05.08.2005, 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