IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 19092 of 2007(W) -------------------------- PETITIONER: ------------- HAFSAL.A, S/O ABDULLA KOYA.P., ALIPPALLI HOUSE, MAMBAD P.O., NILAMBUR. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------- 1. THE TAHSILDAR, NILAMBUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 19092/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE MAHAZAR DATED 17.04.07 PREPARED by the 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE ORDER DATED 05.06.07 PASSED BY THE 2ND RESPONDENT. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 19092 OF 2007 ------------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT The petitioner challenges Ext.P2 order passed by the 2nd respondent under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, whereby on a finding that the petitioner has used his vehicle for illegal transportation of river sand, petitioner has been directed to pay an amount of Rs.45,000/- in lieu of confiscation of vehicle and fine of Rs.25,000/-. Petitioner challenges the same on the ground that the District Collector does not have the power to confiscate the vehicle or to impose fine. Two Division Benches of this Court have already upheld the power of the District Collector to confiscate the vehicle. In any event, the rules provide for demanding amounts towards the value of the vehicle to be paid towards the River Management Fund for violation of the provisions of the Act and Rules. Therefore, I am not satisfied that the contention of the petitioner that the demand for Rs.45,000/- in lieu of confiscation is without authority. However, in view of the decision of the Division Bench in Sanjayan v. Tahsildar [2007(4) WPC : 19092/07 -:2:- KLT 597], the District Collector does not have the power to impose fine which power rests exclusively on the Magistrate who tries the offence under that Act. Therefore, that part of Ext.P2 which imposes fine of Rs.25,000/- is quashed. The demand for Rs.45,000/- in lieu of confiscation of the vehicle is upheld. Petitioner submits that he has already paid Rs.25,000/-. If so, the petitioner shall pay the balance amount within two weeks from today. Failing which it would be open to the respondents to take coercive action of recovery of the amounts. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE ttb