IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 18256 of 2004(W) -------------------------- PETITIONER(S) :- ----------------------- BENNY JOHN, PATHIPLACKAL HOUSE, CHERUPUNKAL P.O., PALA. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S) :- ------------------------- THE DISTRICT COLLECTOR, KOTTAYAM. GOVERNMENT PLEADER MR.T.K.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.18256 OF 2004 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of relevant pages of the Registration certificate in respect of the lorry. Ext.P2 :- Copy of the pass. Ext.P3 :- Copy of the order dated 10.3.2004 by the respondent. Ext.P4 :- Copy of the proceeding of the Principal Secretary to Government No.4692/A3/03/ID dated 29.4.2001. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.18256 of 2004 ------------------------------------ Dated this the 24th day of June 2011 J U D G M E N T The challenge in this writ petition is against Ext.P3 order passed by the District Collector exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In the writ petition, apart from the prayer to strike down Rule 27(3) which is covered the petitioner by the Full Bench judgment in W.A.No.3005/2007 and connected cases, there is a prayer to quash Ext.P3 order passed by the District Collector. In the said order, the District Collector found that the vehicles in question, namely, vehicles bearing Nos.KL-6/4968 and KL-9A/5463 were engaged in the illegal transportation of river sand. This finding is based on factual materials and cannot be disturbed in a proceeding before this Court. 2. However, I find from the impugned order that the W.P.(C).No.18256 of 2004 -: 2 :- District Collector has also imposed fine of `15,000/- each on the petitioner for both the vehicles. Imposing of fine by the District Collector cannot be sustained in the light of the law laid down in the judgment in W.A.No.1330 of 2002. In the result, Ext.P3 to the extent fine of `15,000/- each is levied on the petitioner is set aside and in all other respects, the writ petition will stand dismissed. ANTONY DOMINIC, JUDGE. Jvt