IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 32855 of 2008(J) ------------------------------------- PETITIONER(S): ------------------- SUNNY, S/O.CHACKO VARGHESE, AGED 36 YRS, ARAYALUM MOOTTIL, PUTHANKAVU POST, VIA CHENGANNOOR ALAPPUZHAL DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ---------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. THE TAHSILDAR, CHENGANOOR, ALAPPUZHA DISTRICT. 3. SUB INSPECTOR OF POLICE, CHENGANOOR, ALAPPUZHA DISTRICT. GOVT.PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32855/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.C2-43388/08 DT 20.9.2009. EXT.P2: TRUE COPY OF THE JUDGMENT DT 22.8.2008 MADE INW PC NO.17533/07 AND CONNECTED MATTERS. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 32855 OF 2008 (J) ==================== Dated this the 4th day of February, 2009 J U D G M E N T Ext.P1 order is under challenge. This order was passed by the District Collector exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The main objection raised is against the levy of Rs.25,000/- fine on the ground that the District Collector could not have imposed the fine. This position is covered in favour of the petitioner in view of the judgment of this Court in Sanjayan v. Tahsildar (2007(4) KLT 597) followed in a batch of cases as per Ext.P2 judgment. 2. In view of the above, the writ petition is disposed of quashing Ext.P1 to the extent of levying Rs.25,000/- fine on the petitioner. It is directed that if the vehicle is still available, on the remittance of Rs.1,50,000/- as ordered in Ext.P1, the same will be released to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp