IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11931 of 2009(J) -------------------------- PETITIONER(S): --------------- ABDU RAHIMAN, S/O.MOOSAKUTTY, KAMEPATH HOUSE, CHERUPPA, MAVOOR, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKKODE. 2. THE ADDITIONAL TAHSILDAR, KOZHIKKODE. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11931 of 2009 --------------------------------- Dated, this the 8th day of April, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P2, an order passed by the District Collector finding that the vehicle bearing Regn.No.KL- 11/Y-2456 was engaged in the transportation of river sand, and on that basis, the petitioner has been ordered to remit the value of the vehicle and a fine of Rs.25,000/- for the release of the vehicle. 2. The learned counsel for the petitioner submits that the petitioner was not heard and Ext.P1 pass was not considered while passed the impugned orders. A reading of the writ petition itself show that the petitioner was heard by the Collector and a reading of Ext.P2 order shows that the pass now relied on was not produced. If that be so, these contentions raised by the learned counsel are devoid of merits and are only to be rejected. 3. In so far as the fine of Rs.25,000/- that is ordered to be paid is concerned, it is the settled position of law that the Collector has no power to impose fine and to that extent Ext.P2 deserves interference. Accordingly, the fine of Rs.25,000/- imposed on the WP(C) No.11931/2009 -2- petitioner will stand set aside. Therefore, the writ petition is disposed of quashing Ext.P2 to the extent Rs.25,000/- is imposed as fine and directing that if the petitioner remits the value of the vehicle as ordered therein, the vehicle shall be released to the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg