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. 17585 of 2005(R) -------------------------- PETITIONERS: ------------ 1. T.B.MAHESH, S/O.BALAKRISHNAN, THAIKKATTIL HOUSE, ALOOR POST, MATTOM, THALAPPILLI TALUK, THRISSUR DISTRICT. 2. P.R.BIJU, S/O.RAJAN, PULLANI PARAMBATH HOUSE, ELAVALLI, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD. 3. SUB DIVISIONAL MAGISTRATE, OTTAPALAM. 4. SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THRITHALA. 5. SECRETARY, ANAKKARA GRAMA PANCHAYATH, ANAKKARA, OTTAPALAM TALUK. 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.17585/2005 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF CERTIFICATE OF REGISTRATION OF VEHILCE NO. KRK 9399. EXT.P2: COPY OF CERTIFICATE OF REGISTRATION OF VEHICLE NO. KL-7 08 E 3625 EXT.P3: COPY OF AGREEMENT FRO SALE DT. 27.3.2002. EXT.P4: COPY OF THE PASS ISSUED TO JANANDAN ISSUED BY THE 5TH RESPONDENT. EXT.P5: COPY OF THE PASS ISSUED TO ANIL ISSUED BY THE 5TH RESPONDENT. EXT.P6: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT.4.2.2005. EXT.P7: COPY OF THE NOTICE DT.21.4.2005 ISSUED BY THE 3RD RESPONDENT. EXT.P8: COPY OF THE NOTICE DT.21.4.2005 ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.17585 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 lorries bearing registration Nos. KRK-9399 and KL-8/E-3625. The said vehicles were seized by the 3rd respondent, on the allegation that they were used for transporting river sand illegally. The District Collector, under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, imposed a fine of Rs.25,000/- each on the petitioners by Ext.P6 order dated 21.2.2005. Consequently, revenue recovery notices have been issued to the petitioners, as evident from Exts.P7 and P8. The petitioners submitted that the District Collector has no power or authority to impose a fine on the owner of a vehicle, who is accused of the offences under the above said Act. In appropriate cases, the Collector may confiscate the vehicle and may direct the owner of the vehicle to deposit the value of the vehicle for release of it. But, in this case a fine has been imposed. Only the competent court having jurisdiction in the matter alone can impose a fine on a person accused of having violated the provisions of the Sand Act. W.P.(C) No.17585/2005 2 2. The point raised by the petitioners is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. In view of the above position, the impugned order, Ext.P6, to the extend they affect the petitioners is quashed. Exts.P7and P8 are kept in abeyance. The 2nd respondent, District Collector, Palakkad, is directed to pass fresh orders in the matter, after affording an opportunity of being heard to the petitioners, in accordance with law, within three months from the date of production of a copy of this judgment. The petitioners shall keep alive the bank guarantee furnished by them, pursuant to the interim order of this Court dated 13.6.2005, 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