IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16282 of 2011(I) ----------------------------------- PETITIONER(S): ------------------------ SUDARSANAN, S/O. VELAYUDHAN, AGED 40 YEARS, VIJAYAMANDIRAM, PANAVALLI P.O., CHERTHALA BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): -------------------------- 1. REVENUE DIVISIONAL OFFICER, ALAPPUZHA - 688 001. 2. THE SUB INSPECTOR OF POLICE, POOCHACKAL POLICE STATION, CHERTHALA (VIA), ALAPPUZHA DISTRICT - 688 526. 3. THE DISTRICT COLLECTOR, ALAPPUZHA-688001 4. VISWAMBARAN, KALLUPURACKAL HOUSE, NADUVATHUNAGAR, CHERTHALA - 688 559. R1 TO R3 BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16282/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.193/2011 DTD. 22.3.2011. P2:- COPY OF THE ORDER DTD. 2.5.2011 PASSED BY THE IST RESPONDENT IMPOSING PENALTY OF RS. 50,0000/- ON THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16282 OF 2011 -------------------------------------------------- Dated this the 17th day of June 2011 JUDGMENT The 'country boat' belonging to the petitioner was seized by the 2nd respondent on 22-03-2011 alleging illegal transportation of river sand, leading to registration of crime as borne by Ext.P1. Pursuant to the further steps taken, the 1st respondent passed Ext.P2 order dated 02-05-2011 imposing a penalty of Rs.50,000/-, which is under challenge in this Writ Petition. 2. The learned counsel for the petitioner submits that the power to impose penalty is vested with the Court and not with the Revenue Authority, though the Revenue Authority may be justified in pursuing the confiscation proceedings. 3. Heard the learned Government Pleader as well. 4. In view of the specific contents of Ext.P2, the order passed by the 1st respondent obviously is with regard to the imposition of penalty under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001; which power stands conferred on the concerned Court as provided in the statute. It is found that the idea and understanding of the 1st respondent is W.P.(C) No.16282/2011 2 thoroughly wrong and misconceived. Accordingly, Ext.P2 is set aside. The 1st respondent is directed to reconsider the matter and pass appropriate orders in accordance with the relevant provisions of law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within 'six weeks' from the date of receipt of a copy of this judgment. 5. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps, when the same, along with the file forming the subject matter of Ext.P2 shall be forwarded to the 2nd respondent forthwith. The Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE