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. 21493 of 2005(H) -------------------------- PETITIONER(S) :- ------------------------- P. KARUPPANNAN, 3/51, SOWADESWARI NAGAR, SALEM, TAMILNADU. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENT(S) :- ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. TAHSILDAR, SPECIAL SQUAD, NEYYATTINKARA, TRIVANDRUM DISTRICT. 3. SUB INSPECTOR OF POLICE, POOVAR, TRIVANDRUM DISTRICT. 4. SAHADEVAN, S/O. MADHAVAN NADAR, THOLIKADAVU THIRUVONATHIL, UCHAKADA P.O., PIN-695 506, TRIVANDRUM DISTRICT. GOVT. 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. 21493 OF 2005 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the title deed of the property of the 4th respondent dtd.9-6-2005. Ext.P2 :- Copy of the notice issued by the 1st respondent to the petitioner dtd.7.7.2005. Ext.P3 :- Copy of the reply given by the petitioner to the 1st respondent dtd.14-7- 2005. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.21493 of 2005 ------------------------------------- Dated this the 24th day of June 2011 J U D G M E N T Ext.P2 order of the District Collector exercising powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is under challenge. 2. On the allegation that, the vehicle (Proclainer) of the petitioner was used for excavating river sand, Ext.P2 order has been issued directing that on the petitioner remitting an amount of `1,00,000/- towards fine, the vehicle will be released to him. It is challenging the said order the writ petition has been filed. 3. In the light of the judgment in W.A.No.1330 of 2002 the contention of the petitioner that the District Collector exercising powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 W.P.(C).No.21493 of 2005 -: 2 :- cannot impose fine deserves to be accepted. 4. Therefore, the writ petition is disposed of quashing Ext.P2 but, however, leaving it open to the competent authority under the Act, the Sub Divisional Magistrate, to initiate fresh action against the vehicle in question. It is directed that this shall be done as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. In the mean time, the bank guarantee furnished by the petitioner pursuant to order dated 20.7.2005 will be kept in abeyance. ANTONY DOMINIC, JUDGE. Jvt