IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 6979 of 2008(E) ------------------------- PETITIONER(S) :- ------------------------ ABDU RAHIMAN, S/O. MAMMAD HAJI, AGED 40 YEARS, ARUKANDATHIL HOUSE, AYANKALAM, THAVANNUR, MALAPPURAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S) :- --------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION. 4. THE THAVANNUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. ADV. SRI.MOHAN PULIKKAL FOR R4 SMT.MANJU RAJAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.6979 of 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the relevant pages of the certificate dated 6.3.2007. Ext.P2 :- Copy of the pass issued by the Secretary, Thavannoor Grama Panchayat. Ext.P3 :- Copy of the judgment in W.P.(C)No.25574/2007. Ext.P4 :- Copy of the order dated 15.10.2007. Ext.P5 :- Copy of the judgment dated 20.11.2007 in W.P.(C)33527/2007 of this Hon'ble Court. Ext.P6 :- Copy of the order dated 19.1.2008. Ext.P7 :- Copy of the order passed by the 1st and 2nd respondent dated 28.3.2007. Ext.P7(a) :- Copy of the order passed by the 1st and 2nd respondent. Ext.P7(b) :- Copy of the order passed by the 1st and 2nd respondent. Ext.P7(c) :- Copy of the order passed by the respondent dated 7.3.2007. Ext.P7(d) :- Copy of the order passed by the 2nd respondent dated 7.3.2007. Ext.P8 :- Copy of a certificate from Velloor Medical College. Ext.P9 :- Copy of the treatment Certificate. Respondent's Exhibits :- Ext.R4(a) :- Copy of the vehicle pass dated 22.8.2007 issued by the Panchayat. Ext.R4(b) :- Copy of relevant page of the Kadavu Register. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.6979 of 2008 ----------------------------------- Dated this the 24th day of June 2011 J U D G M E N T Among the prayers in the writ petition, challenge against the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, stands concluded against the petitioner by virtue of the judgment in W.A.No.3005 of 2007 and connected cases. The only further issue is regarding the validity of fine imposed on the petitioner as per Ext.P6 order of the District Collector. 2. A reading of Ext.P6 order shows that, on finding that the vehicle has been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, the District Collector has ordered that the petitioner shall remit the value of the vehicle and also fine. W.P.(C).No.6979 of 2008 -: 2 :- 3. In so far as the levy of fine is concerned, in the light of the principles laid down by the Division Bench of this Court in W.A.No.1330 of 2002 and connected cases, levy of fine by the District Collector cannot be sustained. Therefore, Ext.P6 order to the extent fine of `50,000/- has been levied on the petitioner is set aside. In all other respects, the writ petition will stand dismissed. ANTONY DOMINIC, JUDGE. Jvt