IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13936 of 2009(J) -------------------------- PETITIONER(S): ------------------ JAIMON JOSE, AGED 25 YEARS, VELLADIYIL HOUSE, THALAKODEP.O., NERIYAMANGALAM, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM SRI.S.DILEEP (KALLAR) RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -01. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM, KAKKANAD, COCHIN -30. 3. THE SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION, OONNUKAL. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).13936 of 2009 --------------------------- Dated this the 22nd day of May, 2009 JUDGMENT The petitioner challenges Ext.P3 order passed by the District Collector finding the petitioner guilty of having contravened the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, in the matter of unauthorised transportation of sand with the aid of the pass issued by the competent authority. After having found so, the District Collector imposed a fine of Rs.1,50,000/-. The order is challenged on several grounds. 2. At this stage, I am only inclined to consider whether the District Collector has jurisdiction to impose a fine. A Bench of this court has held that the District Collector cannot impose fine vide Sanjayan Vs.Tahasildar {2007 (4) KLT 597}. 3. In the light of the said decision, Ext.P3 is set aside. The District Collector is directed to pass an order in accordance with law, keeping in mind the W.P.(C).13936 of 2009 :: 2 :: observations in Subramanian v. State of Kerala {2009(1) KLT 77}. Such order shall be passed within four weeks from the date of receipt of a copy of this judgment. If there is undue delay in passing orders, the District Collector shall consider the prayer for interim custody of the vehicle, in terms of the directions contained in the above decision, within three weeks from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge