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. 18666 of 2006(V) -------------------------------------- PETITIONERS: --------------------- 1. SABEER, SABI MANSHION, MAMAM, KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. GOPAKUMAR, UTHRAM BHAVAN, PARAYATHU KONAM, KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DIST. 3. THE VILLAGE OFFICER, KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DIST. 4. THE SUB INSPECTOR OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DIST. GOVERNMENT PLEADER MOHAMMED ANZAR FOR R.2. 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.18666/2006-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RECEIPT NO. 55 IN BOOK NO. 229 DD. 01/03/2006 ISSUED BY R.2. EXT.P.2: COPY OF THE PASS ISSUED BY THE R.3. DT. 04/04/2006. EXT.P.3: COPY OF THE PASS ISSUED BY THE R.3. DT. 05/04/2006. EXT.P.4: COPY OF THE MAHAZAR PREPARED BY THE R.2. DTD. 17/06/2006. EXT.P.5: COPY OF THE PETITION SUBMITTED TO THE R.1. DTD. 21/06/2006. EXT.P.6: COPY OF THE PETITION SUBMITTED TO THE R.1. DTD. 24/06/2006. EXT.P.7: COPY OF THE SAID ORDER NO. B 14.42623/06 OF THE R.1. DT. 04/07/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.18666 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P7 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 petitioners. 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 petitioners, within four months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the petitioners 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.18666 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.