IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 17925 of 2009(I) -------------------------- PETITIONER(S): --------------- ABDUL NAZAR S/O. HAMZA, EDATHODI (H) PALOOR, PULAMANTHOLE AMSOM, PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,CIVIL STATION, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION. 4. PULAMANTHOLE GRAMA PANCHAYATH REP. BY ITS SECRETARY, PULAMANTHOLE. BY SMT. M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.17925 of 2009 -------------------------- Dated this the 17th July,2009 J U D G M E N T A mini Lorry belonging to the petitioner bearing Reg.No.KL-8 N 3051 was seized by the Revenue Divisional Officer on 30.3.2007 at about 3 p.m while the vehicle was being loaded with river sand near the Boothathan Kadavu on the ground that the the same is in contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. Ext.P2 mahazar will show that the pass which was allegedly relied on by the petitioner did not contain a time within which the transportation was to be effected; nor did it contain any seal of the Kadavu Committee Chairman. There is an apprehension that the unauthorized loading and transportation of sand was being done at the kadavu with the connivance of the persons who were posted at the kadavu. Vehicle was released on interim custody pursuant to the application W.P ( C) No.17925 of 2009 2 made by the petitioner on condition that the amount of Rs.25.000/- is deposited. Later, after considering Ext.P3 explanation offered by the petitioner and after hearing him, the District Collector passed Ext.P4 order finding that there is contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 and directed the owner of the vehicle to remit an amount of Rs.70,000/- towards the value of the vehicle and further amount of Rs.25000/- as fine towards the River Management Fund. This is under challenge in this writ petition. 2. The pass which allegedly enable the petitioner to use the vehicle for transportation of sand, is produced as Ext.P1. It does not contain a time within which transportation was to be effected. It also did not contain the seal of the Kadavu Committee Chairman. Seizure mahazar is eloquent in this aspect. No tenable explanation has been offered by the petitioner in Ext.P3. Relevant and material aspects have been rightly considered by the District Collector. I do not find any grounds to W.P ( C) No.17925 of 2009 3 interfere with the said finding in Ext.P4. 3. But imposition of fine for the contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 can be made only by the Court and not by the revenue officials. This aspect has been considered and held by the Division Bench in Sanjayan Vs.Tahasildar [2007 (4) KLT 597). Accordingly, the direction to pay fine in Ext.P4 shall stand set aside. Ext.P4 shall remain intact in all other respects. If the petitioner is desirous of redeeming the vehicle, then he shall pay the balance amount fixed in Ext.P4 towards the value of the vehicle within four weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.17925 of 2009 4 W.P ( C) No.17925 of 2009 5