IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17693 of 2009(F) -------------------------- PETITIONER(S): --------------- KUNHAMMED, S/O.MOITHEEN KUTTY, AGED 40 YEARS, PULPARAMBIL, POST KOODATHAI BAZAR, KOODATHAI, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).17693/2009 ....................... Dated this the 25th day of June, 2009 JUDGMENT Petitioner claims to be the registered owner of a vehicle bearing registration No.KL-11/C.5600. The vehicle was seized on 14.11.2008, alleging that it was transporting river sand without an inter district permit. District Collector passed an order finding that the vehicle was indulging in an unauthorized transportation of river sand because it was not accompanied by an inter district pass, and he has proceeded to impose a fine which seems to go against the dictum laid down by a Bench of this Court in Sanjayan Vs.Tahasildar [2007 (4) KLT 597]. Ext.P1 has been challenged in this writ petition. 2. It is true that the District Collector has no jurisdiction to impose a fine but has definitely a jurisdiction to require the owner of the vehicle which was found to be indulging in unauthorized illegal transportation of river sand to deposit an amount W.P.(C).17693/09 2 equivalent to the value of the vehicle. Therefore, District Collector shall exercise his jurisdiction in accordance with law. 3. In the result, Ext.P1 is set aside. District Collector is directed to pass fresh orders, after hearing the petitioner, in the matter of confiscation/release of the vehicle bearing registration No.KL-11/C.5600, under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and Rule 27 and 28 of the Rules framed thereunder, within one month from the date of receipt of a copy of this judgment. writ petition is disposed of as above. V.GIRI, Judge mrcs