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. 28676 of 2004(L) -------------------------- PETITIONER(S) :- ------------------------ P.K.BEERAN, S/O.KUNHAVARAN, PILAKOLIL HOUSE, THOZHUVANOOR, VALANCHERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S) :- ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVT. PLEADER MR.L.G.SURESH 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.28676 OF 2004 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order passed by the first respondent dated, 18-8-2004. Ext.P2 :- Copy of the order of the 1st respondent dated, 23-9-2004. Ext.P3 :- Copy of the judgment in W.A.No.1330/2002 and connected cases dated, 17-6-2002. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.28676 of 2004 ------------------------------------- Dated this the 24th day of June 2011 J U D G M E N T Ext.P2 order of the District Collector is under challenge. 2. On the allegation that, the vehicle of the petitioner bearing Reg.No.KL-10Q 3240 was used for the transportation of river sand, Ext.P2 order has been issued directing that on the petitioner remitting an amount of `1,00,000/- towards fine, the vehicle will be released to him. It is challenging the said order, the writ petition has been filed. 3. In the light of Ext.P3 judgment in W.A.No.1330 of 2002 the contention of the petitioner that the District Collector exercising powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 cannot impose fine, deserves to be accepted. W.P.(C).No.28676 of 2004 -: 2 :- 4. Therefore, the writ petition is disposed of quashing Ext.P2 but, however, leaving it open to the competent authority under the Act, the Sub Divisional Magistrate, to initiate fresh action against the vehicle in question. It is directed that this shall be done as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. In the mean time, the bank guarantee furnished by the petitioner pursuant to order dated 30.9.2004 will be kept in abeyance. ANTONY DOMINIC, JUDGE. Jvt