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. 17682 of 2006(E) ---------------------------------------- PETITIONER: ------------------ ISMAIL MOITHEEN RAWTHER, PUTHENVEETTIL THEKKETHIL HOUSE, MALOORE COLLEGE P.O., PATHANAPURAM. BY ADV. SRI.S.SANTOSH KUMAR (PERUNAD) RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE THAHSILDAR, PATHANAPURAM. 3. THE VILLAGE OFFICER, PATTAZHI- VADAKKEKARA VILLAGE. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR 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.17682/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MAHAZAR OF THE VEHICLE PREPARED BY the 3RD RESPONDENT. EXT.P2:- COPY OF THE APPLICATION FILED BY THE PETITIONER DT. 23.2.06. EXT.P3:- COPY OF THE JUDGMENT DT. 30.3.06. EXT.P4:- COPY OF THE APPLICATION DT. 17.4.06. EXT.P5:- COPY OF THE LETTER DT. 1.4.06. EXT.P6:- COPY OF THE NOTICE DT. 18.5.06. EXT.P7:- COPY OF THE ORDER IN IA. 6858/06 IN WPC. NO.13108/06 DT. 31.5.06. EXT.P8:- COPY OF THE ORDER DT. 25.4.06. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.17682 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P8 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 four months from the date of production of a copy of the judgment by the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.17682 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.