IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3884 of 2009(K) --------------------------------- PETITIONER: -------------------- ANEESUDHEEN T, S/O. THONDIYIL NAZER THONDIYIL HOUSE, P.O. VADAPURAM, MALAPPURAM DIST, BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS : ------------------------ 1. THE TAHSILDR, NILAMBUR TALUK, MALAPPURAM DIST. 2. THE DISTRICT COLLECTOR, MALAPPURAM DIST. BY MR. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009 ALONG WITH WP(C) NO. 3889 of 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) Nos.3884 & 3889 of 2009 -------------------------------------- Dated this the 5th day of February, 2009 JUDGMENT In these writ petitions, Exhibit P2 order passed by the District Collector exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act is under challenge. Contention raised is regarding the impermissibility of fine imposed by the District Collector. A reading of Exhibit P2 order shows that fine of Rs.10,000/- and Rs.25,000/- each has been levied on the respective petitioners. It is legally impermissible and Exhibit P2 order to the extend fine amount is imposed is set aside and it is directed to release the vehicle, if the petitioner remits the amount to the River Management Fund as ordered in these orders. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE scm