IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25974 of 2010(V) -------------------------------------- PETITIONER: ------------------- SHAJAN, AGED 39 YEARS, S/O.KRISHNANKUTTY, VAILOPPILLI HOUSE, THRIKKUR, THRISSUR DISTRICT. BY ADVS. SRI.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. DISTRICT COLLECTOR, THRISSUR – 680 001. 3. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, THRISSUR, PIN – 680 001. 4. SUB INSPECTOR OF POLICE, PUDUKKAD, DIST. PIN – 680 301. R1 TO R4 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25974 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P6 order passed by the District Collector Thrissur, under the Kerala Minor Mineral Concession Rules, 1967, by which the petitioner has been imposed with a fine of Rs.50,000/- allegedly for violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 in the matter of unauthorized transport of M sand. One of the contentions raised by the petitioner is that, the District Collector does not have jurisdiction to pass such an order under the Kerala Minor Mineral Concession Rules, 1967 or the Mines and Minerals (Development and Regulation) Act, 1957. 2. The learned Government Pleader while admitting that the District Collector does not have the power to impose fine under the Act and Rules submits that, since there is actual violation of the provisions of the Act, it must W.P.(C)No.25974 of 2010 -2- be left to the appropriate authority to proceed with the matter in accordance with law. 3. Having considered the arguments on both sides, I dispose of this writ petition as follows: Ext.P6 is quashed. The appropriate authority having jurisdiction to proceed further in respect of the violation noted in Ext.P6 is directed to proceed further in accordance with law. The vehicle shall be produced before the concerned criminal court within a period of one week from the date of receipt of a certified copy of this judgment. The petitioner may approach the criminal court for interim custody of the vehicle. S. SIRI JAGAN JUDGE shg/