IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 28553 of 2006(Y) -------------------------------------- PETITIONER: ------------------- SHAJI ANDREWS, AGED 39, S/O.ANTHRAYOSE, THEKKEKARA MAKKAPALLIL HOUSE, PUTHENCHANTHA P.O., VAKATHANAM VILLAGE, VAKATHANAM KARA, CHANGANACHERRY TALUK, KOTTAYAM DIST. BY ADV. SRI.MANJU ANTONEY SRI.T.J.THOMAS (ALUVA) RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, INCLUDING REPRESENTING DISTRICT EXPERT COMMITTEE, KOTTAYAM UNDER THE ACT 18 OF 2001 AND RULES MADE THERE UNDER. 3. DY.S.P., KOTTAYAM, OFFICE OF COLLECTORATE, KOTTAYAM. 4. S.I.OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM. 5. UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY AND DEPARTMENT OF LAW, NEW DELHI. W.P.(C) 28553/2006 *ADDL. R6 IMPLEADED. 6. MINERAL REVENUE INSPECTOR, DEPARTMENT OF MINING & GEOLOGY DISTRICT OFFICE, KOTTAYAM. KOTTAYAM DISTRICT. ADDL. R6 IMPLEADED VIDE ORDER DT. 3.11.06 IN IA. 15342/06. BY ADV. SRI.BOBY JOHN, CGC FOR R.5 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1TOR4 SRI.P.PARAMESWARAN NAIR, ASST. SG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28553/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1;- COPY OF THE RELEVANT PAGES OF R.C. BOOK. EXT.P1(a):- COPY OF THE INSURANCE CERTIFICATE DT. 23.5.06. EXT.P1(b):- COPY OF THE PERMIT DT. 3.6.02. EXT.P2:- COPY OF THE CARBON COPY OF THE PASS DT. 9.10.06 BEARING NO.977 ISSUED IN THE NAME OF DRIVER OF THE VEHICLE. EXT.P3:- COPY OF THE CARBON COPY OF PASS DT. 7.10.06 BEARING NO.946. EXT.P3(a):- COPY OF THE ANOTHER PASS DT. 8.6.06. EXT.P4:- COPY OF THE BILL OF REPAIR DT. 9.10.06 ISSUED BY THE NATIONAL MOTOR WORKS KOTTAYAM ISSUED TO THE PETITIONER. EXT.P5:- COPY OF THE MAHAZAR DT. 9.10.06 PREPARED BY S.I. OF POLICE KOTTAYAM EAST POLICE STATION. EXT.P6:- COPY OF THE REPRESENTATION/OBJECTION DT. 13.10.06 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7:- COPY OF THE NEWS ITEM REPORTED IN EVERY DAILY 'RASHTRA DEEPIKA' ON 26.10.06. EXT.P8:- COPY OF THE PASS FOR RIVER SAND DT. 17.1.06. EXT.P9:- COPY OF THE ORDER DT. 12.1.07 PASSED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.28553 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P9 order passed by the District Collector is under challenge. The issue pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. It is seen that the District Collector has imposed a fine on the petitioner. In view of the bench decision of this court in Sanjayan v. Tahsildar (2007(4) KLT 597)the District Collector cannot impose a fine on the owner of a vehicle, under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Kerala). The District Collector is authorised only to confiscate the vehicle . The power of imposition of fine rests only with the court. Of course, the District Collector is also authorised to compound the offence. But the question of compounding arises only if the parties are willing to compound the offence. Accordingly, the impugned order is quashed. There will be a direction to the District Collector to pass fresh orders in the matter after affording an opportunity for hearing to the petitioner, within four months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the petitioner pursuant to the interim order passed by this court will depend on the order thus passed by the District Collector. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.28553 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.