IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 16914 of 2004(L) -------------------------- PETITIONER: ------------ GEETHA, W/O. GOPALAKRISHNAN, VELIYIL, SANANTHANAPURAM P.O., KAITHAVANA, ALAPPUZHA DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE VILLAGE OFFICER, THANNEERMUKKOM SOUTH VILLAGE, ALAPPUZHA DISTRICT. ADDL.R3: THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, TRIVANDRUM. ADDL.R4: DR.K.M.RAMANANDAN I.A.S,., DISTRICT COLLECTOR, ALAPPUZHA. (IMPLEADED AS PER ORDER DT.17.9.2004 IN I.A.NO.12110/2004) BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.16914/2004 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF THE PERMIT ISSUED UNDER RULE 48 OF THE KERALA MINOR MINERAL CONCESSION RULES. EXT.P2: COPY OF THE MAHAZAR DT.21.2.2004 PREFERRED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE SEIZURE MAHAZAR PREPARED BY THE VILLAGE OFFICER. EXT.P4: COPY OF THE NOTICE DT.27.2.2004 ISUED TO THE PETITIONER BY THE VILLAGE OFFICER, THANNEERMUKKAM. EXT.P5: COPY OF THE JUDGMENT DT.24.3.2004 IN R.P.NO.211/2004. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.4.2004. EXT.P7: COPY OF THE ORDER NO.C2-16331/2004 DATED 31.5.2004 OF THE 1ST RESPONDENT. EXT.P8: COPY OF THE ORDER DT.1.7.2004 IN W.P.(C) NO.16914/2004. EXT.P9: COPY OF THE ORDER DATED 12.8.2004 IN W.P.(C) NO.16914/2004 EXT.P10: COPY OF THE ORDER DT.24.8.2004 IN C.C.C.NO.1012/2004. EXT.P11: COPY OF THE COMMUNICATION NO.C2-16331/2004 DATED 26.8.2004 OF THE 1ST RESPONDENT. EXT.P12: COPY OF THE BOND DT.31.8.2004 EXECUTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR. EXT.P13: COPY OF THE COMMUNICATION NO.C2.16331/2004 DT.31.8.2004 OF THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT WITH COPY TO THE PETITIONER. EXT.P14: COPY OF THE ESTIMATE NO.UM/EST./04-05 DATED 8.9.2004 OF UNITED MOTORS. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.16914 OF 2004 ------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner, who is the registered owner of a lorry bearing registration No. KBE-7938, challenges Ext.P7 order of the District Collector, Alappuzha, imposing a fine of Rs.25,000/- on her, on the allegation that the vehicle was used for transporting river sand illegally. The petitioner submits that what was transported was ordinary sand, and, for transporting it, she had a valid permit. It is also submitted that the the District Collector is not competent to impose any fine on the petitioner under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Only the competent criminal court can do that. 2. The point regarding lack of jurisdiction to the District Collector to impose a fine on the petitioner, under the provisions of the said Act, is covered in her favour by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. Accordingly, Ext.P7 is quashed. The 1st W.P.(C) No.16914/2004 2 respondent, District Collector shall pass fresh orders in the matter, within three months from the date of production of a copy of this judgment. The petitioner shall be given an opportunity to present her case that what was transported was ordinary sand and not river sand. The security furnished by the petitioner shall remain in force, till the matter is finally decided by the District Collector, as directed above. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps