IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 21827 of 2007(W) -------------------------- PETITIONER(S)/ACCUSED :- -------------------------------------- MAMMILIYATH NARYANAN, S/O.KARUNAKARAN NAIR, AGED 29 YEARS, MAMMILIYATH HOUSE, THIRUNAVAYA POST, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S) :- -------------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, TIRUR. 3. TAHSILDAR, TIRUR. 4. SUB INSPECTOR OF POLICE, TIRUR. GOVERNMENT PLEADER MR.T.K.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 21827 of 2007 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the relevant part of the R.C.Book of the petitioner's vehicle. Ext.P2 :- Copy of the order dated 18.5.2007 in Crl.M.C.N.1456/2007, of this Honourable Court. Ext.P3 :- Copy of the proceedings in order No.P5-20319/07 dated 30.5.2007 issued by the 1st respondent. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.21827 of 2007 ------------------------------------ Dated this the 24th day of June 2011 J U D G M E N T The only issue raised is regarding the validity of fine imposed on the petitioner as per Ext.P3 order of the District Collector. 2. A reading of Ext.P3 order shows that, on finding that the vehicle has been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, the District Collector has ordered that the petitioner shall remit the value of the vehicle and also fine. 3. In so far as the levy of fine is concerned, in the light of the principles laid down by the Division Bench of this Court in W.A.No.1330 of 2002 and connected cases, levy of fine by the District Collector cannot be sustained. W.P.(C).No.21827 of 2007 -: 2 :- Therefore, Ext.P3 order to the extent fine of `25,000/- has been levied on the petitioner is set aside. In all other respects, the writ petition will stand dismissed. ANTONY DOMINIC, JUDGE. Jvt