IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6808 of 2009(U) ------------------------- PETITIONER(S): --------------- KUNHAHAMMED, S/O.KUNHEETHU, KUPPIYIL HOUSE, VELIMUKK SOUTH, TIRURANGADI, MALAPPURAM DISTRICT. (OWNER OF VEHICLE BEARING REG. NO.KL-55-8161) BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. TAHSILDAR, TIRURANGADI TALUK MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6808 of 2009 --------------------------------- Dated, this the 3rd day of March, 2009 J U D G M E N T Challenge in this writ petition is against Exts.P2 & P3. Ext.P2 is the proceedings issued by the District Collector exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act. By Ext.P3, the amount specified in Ext.P2 is demanded by the 1st respondent. 2. A reading of Ext.P2 shows that the District Collector found that the Goods autorikshaw bearing Regn.No.KL-55-8161 belonging to the petitioner was involved in the unauthorised transportation of river sand. Based on that conclusion, an amount of Rs.30,000/- has been imposed on the petitioner as fine and Rs.35,000/- towards the value of the vehicle, which are ordered to be paid to the River Management Fund. It is this amount, which is demanded by Ext.P3. Challenge is mainly regarding the levy of fine on the petitioner. 3. Admittedly, in view of the provisions contained in the Act and the Rules, the District Collector does not have the power to levy WP(C) No.6808/2009 -2- fine. If that be so, the levy of fine as per Ext.P2 cannot be sustained. Accordingly, Ext.P2 order passed by the District Collector, in respect of the vehicle referred to above, to the extent it imposed Rs.30,000/- as fine will stand set aside. It is made clear that if Rs.35,000/- as ordered in Ext.P2 is remitted, the vehicle in question will be released. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg