IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24859 of 2008(H) -------------------------- PETITIONER: ------------ AZAD, S/O KASIM, KOCHUKURUKALATHIL HOUSE, MELATHIL, ALIPARAMBA, POVATHANI,PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.24859 of 2008 ================== Dated this the 18th day of August, 2008 J U D G M E N T The petitioner challenges Ext.P3 order of the District Collector, whereby for alleged illegal transport of river sand, the petitioner has been directed to pay a fine of Rs.25,000/- and Rs.10,000/- in lieu of confiscation of the vehicle, as per the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. After arguing for some time, the counsel for the petitioner himself agrees that this writ petition itself may be disposed of in terms of the judgment of this Court in W.P(C).No. 11181/2004. In that judgment, a learned Single Judge of this Court has held that the District Collector has no power or authority to impose fine, but in view of the provisions in the Act and Rules enabling the District Collector to confiscate vehicles involved in the illegal transport, demand of amount in lieu of confiscation is valid. 2. I have heard the learned Government Pleader also. 3. Following the said judgment, I quash the direction in Ext.P3 order directing the petitioner to pay fine of Rs.25,000/-. w.p.c.24859/08 2 However, the petitioner shall pay the amount of Rs.10,000/- demanded as amount in lieu of confiscation of the vehicle, as per Ext.P3. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge