IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 12690 of 2009(E) -------------------------- PETITIONER(S): --------------- FAISAL BABU,S/O. ALAVI, POOZHITHARA VEEDU,PANG (SOUTH) PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. TAHSILDHAR, TALUK OFFICE, PERINTHALAMANNA. BY GP SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).12690/2009 ....................... Dated this the 21st day of May, 2009 JUDGMENT Petitioner challenges Ext.P1 order passed by the District Collector, inter alia imposing fine and also directing payment of an amount towards the value of the vehicle under the provisions of the Kerala Protection of River Banks & Regulation of removal of sand Act, 2001. The order has been passed pursuant to a finding that the vehicle in question was involved in illicit transportation of sand in contravention of the provisions of the Act. 2. I am not inclined to consider all the contentions of the petitioner on merits at this stage. But I am satisfied that the matter requires reconsideration at the hands of the District Collector which is essentially for the reason that the District Collector has proceeded to impose a fine under Rule 27(3) of the Rules. It is now settled law that it is not open to the District Collector to impose a fine. The said power could be exercised only by the Court. Orders of W.P.(C).12690/2009 2 confiscation of vehicle involved in contravention of the provisions of the Act and the Rules are now passed by the District Collector pursuant to the law laid down by the Division Bench of this Court on more than one occasion and followed in Subramanian v. State of Kerala (2009 (1) KLT, 77). 3. I heard learned Government Pleader also. In the circumstances, Ext.P1 is set aside. First respondent, District Collector, is directed to pass fresh orders in the matter of confiscation/release of vehicle bearing registration No.KL.53/604, in accordance with law, keeping in mind the observations made by this Court in Subramanyan v. State of Kerala (2009 (1) KLT, 77), within six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. V.GIRI, Judge mrcs