IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25283 of 2008(I) -------------------------- PETITIONER: ---------------------- JINEESH M.,S/O. GANGADHARAN NAMBIAR, NARACHANGAL PERUVAZHIKADAVU, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT BY ADV. SRI.R.SUDHISH RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, ERNED TALUK, MALAPPURAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.25283 of 2008 ================== Dated this the 22nd day of August, 2008 J U D G M E N T The petitioner challenges Ext.P2 order of the District Collector, whereby for alleged illegal transport of river sand, the petitioner has been directed to pay a fine of Rs.25,000/- and Rs.10,000/- in lieu of confiscation of the vehicle, as per the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. After arguing for some time, the counsel for the petitioner could not dispute the fact that the facts of this writ petition are identical to the facts in W.P(C).No. 11181/2004, in which a learned Single Judge of this Court has held that the District Collector has no power or authority to impose fine under the Act, but in view of the provisions in the Act and Rules enabling the District Collector to confiscate vehicles involved in the illegal transport, demand for amount in lieu of confiscation is valid. 2. I have heard the learned Government Pleader also. 3. Following the said judgment, I quash the direction in 2 Ext.P2 order directing the petitioner to pay fine of Rs.25,000/-. However, the petitioner shall pay the amount of Rs.10,000/- demanded as amount in lieu of confiscation of the vehicle, as per Ext.P2. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge