IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 14769 of 2005(G) -------------------------- PETITIONER(S): --------------- D.UGGAMRAJ CHAJER, PROPRIETOR, CHHAJERS CREDIT & INVESTMENTS, NO.22, IYYA MUDALI STREET, SOWCARPAT, CHENNAI, 600 079. BY ADV. SRI.K.B.SURESH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SHRI.K.ABDUL RAHIMAN, S/O.HAMZA, MARAKKARAKATH HOUSE, AANPADY P.O., PONNANI SOUTH, VIA EDAPPAL, MALAPPURAM DISTRICT. PIN - 679 586. GOVT. PLEADER SHRI.NOBLE MATHEW FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 14769/05. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE RELEVANT PAGES OF RC.BOOK. P2. COPY OF THE REPORT OF SUB R.T.O. PONNANI DTD.7.3.05. P3. COPY OF THE REPRESENTATION DTD.29.3.05 BY R1. P4. COPY OF THE ORDER DTD.19.4.05 BY R1. sdk+ ///True copy/// P.A. to Judge KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.14769 OF 2005 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T 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 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 accordance with law 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. It is made clear that the fate of the steps taken by the petitioner pursuant to the interim orders 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.14769 OF 2005 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.