IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24582 of 2008(B) ------------------------------------ PETITIONER: ------------------- O.KRISHNAN, S/O.KARAPPAN, PARAMBIL HOUSE, PUTTEKAD, FEROKE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ---------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I.OF POLICE, CHERUVANNUR POLICE STATION, KOZHIKODE. 3. THE TAHSILDAR,KOZHIKODE. 4. THE DISTRICT COLLECTOR, KOZHIKODE. 5. FEROKE PANCHAYATH, REP.BY ITS SECRETARY FEROKE, KOZHIKODE. BY GOVERNMENT PLEADER SRI. I.V. PREMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.24582 of 2008 ================== Dated this the 14th day of August, 2008. J U D G M E N T The petitioner challenges Ext.P4 order passed by the District Collector, Kozhikode, wherein on allegation of illegal transport on river sand petitioner's vehicle has been seized and the petitioner has been directed to pay Rs. 25,000/- as fine and Rs. 25,000/- as value of the vehicle, in lieu of the confiscation as per Rule 27(3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. After arguing for sometime, the counsel for the petitioner submits that this writ petition itself may be disposed of in terms of the judgment of this court in W.P.(C) No.11181/2004. In that judgment a learned Single Judge of this court has held that the District Collector has no power or authority to impose fine, but upheld the recovery of value fixed for the vehicle in lieu of confiscation. 2. I have heard the learned Government Pleader also. 3. In this case, the District Collector has imposed fine of Rs. 25,000/- on the petitioner and demanded Rs.25000/- in lieu of the confiscation of the vehicle. That being so, following the above W.P(C)No.24582 of 2008 - 2 - said judgment, I quash the imposition of fine of Rs.25,000/- and uphold the demand for Rs.25000/- in lieu of confiscation. The said amount shall be paid within three weeks from the date of receipt of a copy of this judgment. 4. The petitioner submits that as per Ext.P2 order, the vehicle has been directed to be released to the petitioner on making a cash deposit of Rs. 25,000/- and executing a bond for Rs. 5 lakhs. The petitioner would contend that no prosecution steps have been initiated pursuant to the seizure of the vehicle and therefore no criminal proceeding are now pending. If the said statement is correct, it would be open to the petitioner to approach the concerned criminal court where the deposit has been made and seek refund of the said amount. If the petitioner makes an application to that effect, before the Magistrate where the amount is deposited the same shall be considered and appropriate orders passed. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs