IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 29227 of 2006(D) ---------------------------------------- PETITIONER: ------------------ C. MUHAMMED KUTTY, S/O.MAMMUKUTTY HAJI, AGED 35 YEARS, CHERUVATTOOR HOUSE, THIRUNAVAYA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. GOVERNMENT PLEADER FOR SRI.NOBLE MATHEW R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29227/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE AGREEMENT DT. 4.6.06 BETWEEN THE PETITIONER AND ABDULLA. EXT.P2:- COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO.KL 14/3069. EXT.P3:- COPY OF THE INSURANCE CERTIFICATE IN RESPECT OF VEHICLE NO.KL 14/3069. EXT.P4:- COPY OF THE PERMIT IN RESPECT OF VEHICLE NO.KL-14/3069. EXT.P5:- COPY OF THE ORDER OF THE DISTRICT COLLECTOR DT. 20.10.2006. /TRUE COPY/ P.A.TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.29227 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P5 order passed by the District Collector is under challenge. The issue pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. It is seen that the District Collector has imposed a fine on the petitioner. In view of the bench decision of this court in Sanjayan v. Tahsildar (2007(4) KLT 597)the District Collector cannot impose a fine on the owner of a vehicle, under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Kerala). The District Collector is authorised only to confiscate the vehicle . The power of imposition of fine rests only with the court. Of course, the District Collector is also authorised to compound the offence. But the question of compounding arises only if the parties are willing to compound the offence. Accordingly, the impugned order is quashed. There will be a direction to the District Collector to pass fresh orders in the matter after affording an opportunity for hearing to the petitioner, within four months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the petitioner pursuant to the interim order passed by this court will depend on the order thus passed by the District Collector. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.29227 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.