IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 21373 of 2004(T) -------------------------- PETITIONER: ------------ JOSE, S/O.THOMAS, AGED 32 YEARS, CHITTILAPPILLY HOUSE, PARAPPUR, THOLOOR, TRISSUR. BY ADV. SMT.K.V.RESHMI RESPONDENTS: ------------- 1. THE THAHASILDHAR, TIRUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE S.I. OF POLICE, KUTTIPPURAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.21373/2004 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OFTHE ORDER PASSED BY THE 2ND RESPONDENT DT.12.7.2004. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.21373 OF 2004 -------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Ext.P1 order, by which, the District Collector, Malappuram, has imposed a fine of Rs.60,000/- on him, purportedly, under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder, on the allegation that his vehicle KL-8/F-7927 was used for transporting river sand in violation of the provisions of the above said Act. But, the said Act does not authorise the District Collector to impose a fine on the offending vehicle owner. The Collector may confiscate the vehicle and direct the owner to remit the value of the vehicle as a condition for release the same, it is submitted. 2. A Division Bench decision of this Court in W.A.No.1286/2002 and connected cases held that the power to impose a fine under the Act vests only with the Magistrate's Court concerned and not with the District Collector. In view of W.P.(C) No.21373/2004 2 the above position, Ext.P1 is illegal. Accordingly, it is quashed. The 2nd respondent, District Collector, shall pass fresh orders in the matter, after affording an opportunity of being heard to the petitioner, in accordance with law, within three months from the date of production of a copy of this judgment. The petitioner shall keep alive the bank guarantee furnished by him, pursuant to the interim order of this Court dated 28.7.2004, till final orders are passed by the District collector as directed above. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps