IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33723 of 2009(I) -------------------------- PETITIONER(S): --------------- CHANDRAN, S/O.VELAYUDHAN, AGED 33 YEARS, KOTAVAMPADATH, CHEERAKKUZHI DESOM, VADAKKETHARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR, THRISSUR DISTRICT. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33723/2009 -------------------- Dated this the 7th day of December, 2009 JUDGMENT Ext.P1 order passed by the District Collector imposing a fine of Rs.35,000/- on the petitioner and directing release of the bullock cart belonging to him on remittance of the said amount, is under challenge in this writ petition. 2. The pleadings disclose that a bullock cart and two bullocks belonging to the petitioner were seized for illegally transporting river sand. Thereafter Ext.P1 order was passed imposing a fine of Rs.35,000/- failing remittance of which it was ordered that the bullock cart belonging to the petitioner will be sold. A Division Bench of this Court has in Sanjayan v.Tahsildar (2007 (4) KLT 597) held that the District Collector cannot impose fine in cases where vehicles are used to transport river sand. It was held that the District Collector can only direct confiscation of the vehicle used to transport river sand. In such circumstances, it has to be necessarily held that Ext.P1 order cannot be sustained. I accordingly allow this writ petition and quash Ext.P1 W.P.(C).33723/2009 2 directing the District Collector to pass fresh orders in the matter after notice to and affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within one month from today. It will be open to the District Collector to release the bullock cart to the petitioner by way of interim custody on such terms and conditions he may deem fit to impose. P.N.RAVINDRAN, Judge mrcs