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. 9664 of 2008(A) ------------------------- PETITIONER(S) :- ------------------------ SIVADASAN, S/O.CHATHAPPAN PULIYANMARIL HOUSE, IRIMBILIYAM VALANCHERRY. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S) :- ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE STATION HOUSE OFFICER VALANCHERY POLICE STATION, VALANCHERRY MALAPPURAM DISTRICT. GOVT. PLEADER MR.L.G.SURESH 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.9664 OF 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Mahazar. Ext.P2 :- Copy of the order passed by the 2nd respondent. Ext.P3 :- Copy of the judgment in W.P.(C)No.36135/2007. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.9664 of 2008 ----------------------------------- Dated this the 24th day of June 2011 J U D G M E N T Among the prayers in the writ petition, challenge against the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, stands concluded against the petitioner by virtue of the judgment in W.A.No.3005 of 2007 and connected cases. The only further issue is regarding the validity of fine imposed on the petitioner as per Ext.P2 order of the District Collector. 2. A reading of Ext.P2 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 W.P.(C).No.9664 of 2008 -: 2 :- 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. Therefore, Ext.P2 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