IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 OP.No. 25842 of 2002(B) -------------------------------- PETITIONER: ------------------ MADHU S/O. RAGHAVAN PILLAI, KARINGODATH HOUSE, THONNALLOOR MURI, KURAMBALA AMSOM OF ADOOR TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------------- 1. THE C.I. OF POLICE, PATHANAMTHITTA. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, TRIVANDRUM BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS. 43842/2002 AND 49561/2002 IN OP NO. 25842/2002 B. DISMISSED 29/08/2008. SD/- KURAIN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE RELEVANT PAGES OF THE RGISTRATION CERTIFICATE OF THE VEHICLE. EXT.P2. COPY OF THE GOODS CARRIAGE PERMIT OF THE VEHICLE. EXT.P3. COPY OF THE OBJECTION DT. 29/07/02 BY THE PETITIONER BEFORE THE R2. EXT.P4. COPY OF THE ORDER IN OP NO. 23338/02 DT. 19/08/02 BY THIS COURT. EXT.P5. COPY OF THE ORDER NO. C.9 22782/02 DT. 24/08/02 BY THE R2. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga KURIAN JOSEPH, J. ----------------------------------------- O.P. No.25842 of 2002 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Ext.P5 order passed by the District Collector is under challenge. The issue pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. It is seen that the District Collector has imposed a fine on the petitioner. In view of the bench decision of this court in Sanjayan v. Tahsildar (2007(4) KLT 597)the District Collector cannot impose a fine on the owner of a vehicle, under the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Kerala). The District Collector is authorised only to confiscate the vehicle . The power of imposition of fine rests only with the court. Of course, the District Collector is also authorised to compound the offence. But the question of compounding arises only if the parties are willing to compound the offence. Accordingly, the impugned order is quashed. There will be a direction to the District Collector to pass fresh orders in the matter after affording an opportunity for hearing to the petitioner, within four months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the O.P. No.25842 of 2002 -:2:- petitioner pursuant to the interim order passed by this court will depend on the order thus passed by the District Collector. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.25842 of 2002 ----------------------------------- JUDGMENT 29th August, 2008