IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 11 of 2011(B) ---------------------------------- PETITIONER: ------------------- SREEVIDHYA, D/O.VIDHYADHARAN, VIJESH BHAVANAM, MUTTOM P.O., ALAPPUZHA. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.HARIHARAN. RESPONDENTS: ------------------------ 1. THE TAHSILDAR, MAVELIKKARA, PIN-690 502. 2. THE SUB COLLECTOR (RDO), CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 121. 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN-688 001. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R4 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, ALONG WITH W.P.(C). NO. 77 OF 2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P (C) Nos. 11 & 77 of 2011 -------------------------- Dated this the 24th January, 2011 J U D G M E N T Ext.P2 in W.P (C) No.11 and Ext.P4 in W.P (C) 77 of 2011 are under challenge in these writ petitions. Petitioners are the registered owners of vehicles bearing Reg. No. KL-17 C- 6909 and KL-31-6190. Proceedings were initiated against these vehicles under the provisions of the Kerala Mines and Minerals (Development and Regulation ) Act 1957. In these proceedings, the 3rd respondent issued the aforesaid orders finding that petitioners have violated the provisions of the Act and on that basis, they have been imposed with fine of Rs.25,000/- each exercising his powers under Section 21 of the Act. It is challenging these orders, the writ petition is filed. 2. Section 21 of the Kerala Mines and Minerals (Development and Regulation ) Act 1957 provides for levy of fine in sub section (1) thereof which reads as follows: "Whoever contravenes the provisions of sub-section (1) or sub section (1A) of Section 4 shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty five thousand rupees, or with both". W.P (C) Nos. 11 & 77 of 2011 2 3. A reading of the said provision shows that only a court which tries the offence can impose the fine and the District Collector has no power to pass such an order . For that reason, the impugned orders cannot be sustained and I quash the same. 4. Be that as it may, having regard to the fact that proceedings have been initiated against the petitioners under the Kerala Mines and Minerals (Development and Regulation ) Act 1957, respondents have to file complaints before the appropriate court. This the respondents shall do. 5. I direct that in the meanwhile, it will be open to the petitioners to apply to the 3rd respondent for interim custody of the vehicles, in which event, the 3rd respondent will release the vehicles to the petitioners on interim custody imposing sufficient conditions as he deems necessary. Writ petitions are disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) Nos. 11 & 77 of 2011 3