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. 24501 of 2004(P) -------------------------- PETITIONER(S) :- ------------------------ N.A.MAJEED, S/O.AIMU, AGED 40 YEARS, NADUVALATHAZHATH HOUSE, CHERANALLUR, KOCHI-34. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S) :- -------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION, VARAPUZHA, ERNAKULAM. GOVT. PLEADER MR.T.K.ARAVINDA KUMAR BABU 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.24501 of 2004 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the quarrying permit issued by the geologist of the Department of Geology and Mining. Ext.P2 :- Copy of the Pass issued in Form (P) issued under Rule 45(k) of Kerala Minor Mineral Concession Rules 1967. Ext.P3 :- Copy of the Review Petition submitted before the 1st respondent by the petitioner. Ext.P4 :- Copy of the letter No.M2 18574/04 issued by the 1st5 respondent to the petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.24501 of 2004 ------------------------------------ Dated this the 24th day of June 2011 J U D G M E N T The prayers sought in this writ petition are reads as under:- “(a) Issue a writ of certiorari or any other writ, order or direction calling for the records relating to the order No.18574/04 M2 dated 29.04.04 passed by the 1st respondent directing the petitioner to pay fine of Rs.25,000/- and relating to Ext.P4 by which Ext.P3 was rejected and set aside the said orders as illegal. (b) Issue a writ of mandamus or any other writ, order or direction, directing the respondents to release the vehicle Tempo No.KL.7.M 6737 forthwith to the petitioner.” By virtue of an interim order passed by this Court on 18.8.2004 the vehicle has been released to the petitioner on his furnishing a bank guarantee for `25,000/- to the 1st respondent. The levy of fine imposed by the District Collector exercising powers under the Kerala Protection of W.P.(C).No.24501 of 2004 -: 2 :- River Banks and Regulation of Removal of Sand Act, 2001 cannot be sustained in the light of the judgment in W.A.No.1330 of 2002. Therefore, the order dated 29.4.2004 passed by the first respondent to the extent fine has been levied on the petitioner is set aside. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt