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. 9460 of 2004(A) ------------------------- PETITIONER: ------------ ABDUL MAJEED, PARAPPATTUPUTHEN VEEDU, MULAKKUZHA P.O., CHENGANNOOR. BY ADV. SRI.P.HARIDAS RESPONDENT: ------------- THE DISTRICT COLLECTOR, PATHANAMTHITTA. 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.9460/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, PATHANAMTHITTA, DATED 6.3.2004. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.9460 OF 2004 ------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a mini lorry bearing registration No. KL-4/J-4492. The said vehicle was seized by the Sub Inspector of Police, Koipuram, on the allegation that it was used for transporting river sand. The matter was referred to the District Collector and the Collector passed Ext.P1 order dated 6.3.2004, as per which a fine of Rs.20,000/- has been imposed on him. Earlier the vehicle was released to him as per the order of this Court on payment of Rs.7,500/-. So, by Ext.P1 impugned order, the petitioner was directed to pay the balance amount of Rs.12,500/-. The petitioner submits the order was passed without hearing him and the District Collector has no power or authority to impose a fine on him. Only the competent court can do that. 2. The point raised by the petitioner is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. As per the said judgment, the District W.P.(C) No.9460/2004 2 Collector cannot impose any fine or penalty on the offending vehicle owner. He may in appropriate cases confiscate the vehicle and also direct the owner of the vehicle to pay the value of it, in lieu of confiscation. But, in this case what was ordered was imposition of penalty. In the result, Ext.P1 is quashed. The District Collector shall pass fresh orders in the matter, in accordance with law, within three months from the date of production of a copy of this judgment. The petitioner shall produce a copy of this judgment before the District Collector within one month from today. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps