IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 12500 of 2008(K) -------------------------- PETITIONER: ---------------- A.V.SURESH, S/O.VELU, CHAKKARAKALATHIL HOUSE, NEAR SHRAMBI-KADAVU, PALLOM POST, NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE TAHSILDAR, KOTTAYAM. 3. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM 4. THE VILLAGE OFFICER, THIRUVARPPU VILLAGE, KOTTAYAM TALUK, 5. THE S.I. OF POLICE, WEST POLICE STATION, KOTTAYAM. ADDL.R6: N.C. GOPALAKRISHNAN, THOTTUPAURATHU HOUSE, KIDANGARA POST, VELIYANADU VILLAGE, KUTANADU TALUK. (IMPLEADED AS PER ORDER IN IA 9089/08 DATED 18.7.08.) BY ADV. SRI.A.K.ALEX FOR ADDL.R6 GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008 ALONG WITH W.P.(C) NO.23367 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12500 of 2008 EXT.P1: COPY OF MAHAZAR DTD 24.1.08 PREPARED BY R4 AND HIS SUBORDINATES. EXT.P2: COPY OF LETTER DATED 7.2.08 OF THE SECRETARY OF THE PALLOM THOLLAYIRAM PADASHEKHARA NELLUPADAKA SAMITHY PALLOM, SUBMITED BEFORE THE ADDL. DISTRICT MAGISTRATE KOTTAYAM DURING THE PERSONAL HEARING HELD ON 7.2.08. EXT.P3: COPY OF PETITIONER'S COMPLAINT DATED 13.2.08 SUBMITTED IN THE OFFICE OF FIRST RESPONDENT. EXT.P4: COPY OF JUDGMENT DATED 27.2.2008 IN W.P.(C) NO.6781/08 OF THIS HON'BLE COURT. EXT.P5: COPY OF LETTER DATED 26.3.08 OF PETITIONER'S COUNSEL FORWARDED TO FIRST RESPONDENT BY FAX. EXT.P6: COPY OF 2ND RESPONDENT'S ORDER DATED 27.3.2008. COMMUNICATED TO petitioner ON 28.3.2008. 6TH RESPONDENT'S EXHIBITS EXT.R6(a): COPY OF LICENCE NO.14390 DATED 13.9.06 ISSUED TO THE IMPEADING PETITIONER'S COUNTRY BOAT FROM THE OFFICE OF THE CANAL OFFICER, CHANGANACHERRY. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C)Nos.12500 & 23367 OF 2008 -------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT The subject matter of both these writ petitions is the same namely, order dated 27.3.2008 issued by the Tahsildar, Kottayam, whereby the boat belonging to the petitioner in W.P. (C) No.23367/08, allegedly leased out to the petitioner in the other writ petition, has been directed to be confiscated for violation of provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and to pay fine as provided in the Act. As per the impugned order, the petitioner in W.P.(C) No.12500/08 has been directed to pay fine of Rs.25,000/- (Rupees twenty five thousand only) and an amount of Rs.18,600/- (Rupees eighteen thousand and six hundred only) in lieu of confiscation of the boat. The question as to whether the authorities under the Act are competent to impose fine has been considered by this Court in W.P.(C) No.11181/2004, in which W.P.(c)No.12500/08 & Con.case 2 following a Division Bench decision, a learned Single Judge held that the imposition of fine is without competence. At the same time, the power of confiscation has been upheld based on the decision in Ahammed Kutty V. State of Kerala[2008 (1) KLT 1068]. 2. The petitioners in these two writ petitions submit that these writ petitions also may be disposed of in terms of that judgment so that the petitioners can redeem the boat by payment of the amount fixed in lieu of confiscation of the boat. In view of this submission, I dispose of these two writ petitions with the following directions: The direction, in Ext.P6, to the petitioner in W.P.(C) No.12500/08, to pay fine of Rs.25,000/- is quashed. But the demand for Rs.18,600/- in lieu of confiscation of the boat is upheld. Either of the two petitioners shall pay the amount in two instalments. The boat shall be released to the petitioner on payment of 50% of Rs.18,600/-. The balance 50% shall be paid within another month from that date. The petitioner shall also furnish a bond for payment of the balance 50%, on receipt of which alone the boat need be released. In any event, the entire amount of Rs.18,600/- shall be paid within two months W.P.(c)No.12500/08 & Con.case 3 from today, failing which the respondents would be free to proceed further for realisation of the amount by sale of the boat. S. SIRI JAGAN, JUDGE Acd