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. 32619 of 2006(G) --------------------------------------- PETITIONER: ------------------- V.SURESH KUMAR, AGED 32, S/O. CHOZHI, RESIDING AT "VYLIPADU HOUSE", ERINGAVUR AMSOM, VANIYANNUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN, ADV. SRI. P. ARUN KUMAR. RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. 3. TAHSILDAR, TIRUR TALUK, MALAPPURAM DISTRICT. 4. REVENUE DIVISIONAL OFFICER, TIRUR TALUK, MALAPPURAM DISTRICT. 5. FINANCE OFFICER, MALAPPURAM DISTRICT. 6. DISTRICT INFORMATION OFFICER, MALAPPURAM DISTRICT. (RESPONDENTS 1 TO 6 REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.) BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. 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.32619/2006-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF LORRY BEARING REG. NO:KL-7P-7063. EXT.P.2: COPY OF THE PETITION DTD. 05/10/2006 SUBMITTED BY THE PETITIONER, TO THE R.1. EXT.P.3. SERIES: PHOTOGRAPHS (3 IN NOS. SHOWING THE PRESENT CONDITION OF THE PETTIONER'S MINI LORRY). EXT.P.4: COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF FINANCIER OF THE PETITIONER'S LORRY INTIMATING RECOVERY, OF THE INSTALLMENTS DUE. EXT.P.5: COPY OF THE NOTICE DTD. 07/10/06 ISSUED BY THE R.1. TO THE PETITIONER INTIMATING THE DATE OF HEARING OF THE PETITIONER'S CASE. EXT.P.6: COPY OF THE PROCEEDINGS OF THE R.1. BEARING NO: P5-1343/2006 DTD. 13/11/2006. RESPONDENTS' ANNEXURE: ANNEXURE R1.A: COPY OF THE JUDGMENT IN W.P.(C).32488/2005. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.32619 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P6 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 three 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. 32619 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.