IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 27787 of 2005(G) --------------------------------------- PETITIONER: ------------------- V.S. RAJESH, S/O. SHEKHAR, VADAKKEDATH PARAMBIL, NEITHAKKUDI, VATANNA, MUKUNDAPURAM, MALA P.O., PIN-680 732. BY ADV. SRI.S.K.BALACHANDRAN, ADV. SMT.ANITA MENON, ADV. SRI.A.S.FARIDIN. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR, MALA POLICE STATION. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, ALONG WITH W.P.(C). NO. 27789/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27787/2005-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PERMIT NO. 4341 DT. 04/12/03. EXT.P.2: COPY OF THE PROCEEDINGS DT. 23/12/03 OF R.1. EXT.P.3: COPY OF THE ORDER NO. B3-56748/03 DT. 05/04/04. EXT.P.4: COPY OF THE JUDGMENT DT. 02/06/04 IN W.P.(C).15588/04. EXT.P.5: COPY OF THE ORDER NO. B3-56747/03 DT. 05/07/04. EXT.P.6: COPY OF THE LAWYER'S NOTICE DT. 15/07/04. EXT.P.7: COPY OF THE REPLY DT.1 2/08/04. EXT.P.8: COPY OF THE NOTICE DT. 06/09/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------------- W.P.(C) Nos.27787 & 27789 OF 2005 --------------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T The issue raised in these writ petitions pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. 2. It is seen that the District Collector has imposed a fine on the petitioners. In view of the Bench decision of this Court in Sanjayan vs. 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 orders are quashed. There will be a direction to the District Collector to pass fresh orders in the W.P.(C) No.27787 & 27789/05 2 matter after affording an opportunity for hearing to the petitioners, within a period of four months from the date of receipt/production of a copy of this judgment. The fate of the steps taken by the petitioners pursuant to the interim order passed by this Court will depend on the order thus passed by the District Collector. These writ petitions are disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.27787 & 27789/05 3 KURIAN JOSEPH, J. W.P.(C) No. 27787 & 27789 OF 2005 J U D G M E N T 15.10.2008