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. 28504 of 2006(R) -------------------------------------- PETITIONER: ------------------ K.M. SHASBEER, S/O. MUHAMMED, AGED 26 YEARS, KALLUMKAL, THAIKKATTUKARA, ALUVA. BY ADV. SRI.V.V.JOSHI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, RIVER PROTECTION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. S.I. OF POLICE, CHALLISSERY POLICE STATION. 4. THE DIRECTOR, MINING AND GEOLOGY, PALAKKAD. BY GOVERNMENT PLEADER 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).28504/2006-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PASSED ISSUED BY THE 4TH RESPONDENT DATED 11/12/2004. EXT.P2: COPY OF THE REPRESENTATION DATED 21/12/2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE PROCEEDINGS DATED 23/12/2004 PASSED BY THE 1ST RESPONDENT AGAINST THE PETITIONER. EXT.P4: COPY OF THE PROCEEDINGS DATED 18/01/2005 PASSED BY THE 2ND RESPONDENT AGAINST THE PETITIONER. EXT.P5: COPY OF THE JUDGMENT IN W.P.(C). NO.37619/04 DATED 23/05/2005 OF THIS HONOURABLE COURT. EXT.P6: COPY OF THE FINAL ORDER DATED 20/09/2006 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No..28504 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P6 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.28504 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.