IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 9514 of 2008(G) --------------------- PETITIONER: --------------- K. ABDUL MAJEED, S/O.ABDULLAKUTTY KONDENGADAN HOUSE, VETTIKATTIRI-PO MALAPPURAM DISTRICT (VEHICLE BEARING REG.NO.KL-01-Q/3033) BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. THE TAHSILDAR, ERNAD TALUK MALAPPURAM DISTRICT 2. THE DISTRICT COLLECTOR MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. L.G. SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.9514/2008 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SEIZURE MAHAZAR PREPARED BY THE FIRST RESPONDENT DATED 18-02-2008. EXT.P2 : COPY OF THE ORDER No.P.4-9705/2008 (2) PASSED BY THE 2ND RESPONDENT DATED 15-03-2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 9514 OF 2008 ------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2011 J U D G M E N T The only issue raised is regarding the validity of fine imposed on the petitioner as per Ext.P2 order of the District Collector. 2. A reading of Ext.P2 order shows that, on finding that the vehicle has been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, the District Collector has ordered that the petitioner shall remit the value of the vehicle and also fine. 3. In so far as the levy of fine is concerned, in the light of the principles laid down by the Division Bench of this Court in W.A.No.1330 of 2002 and connected cases, levy of fine by the District Collector cannot be sustained. Therefore, Ext.P2 order to the extent fine of ` 25,000/- has been levied on the petitioner is set aside. In all other respects, the writ petition will stand dismissed. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge