IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 10575 of 2006(H) -------------------------------------- PETITIONERS: ------------------- 1. SAFIA, AGED 52 YEARS, W/O. LATE KUNJAVARAN, CHAKKALI PARAMBIL HOUSE, THIRUNAVAYA P.O., MALAPPURAM. 2. FATHIMA, AGED 51 YEARS, W/O. LATE AHEMMED HAJI, CHERU PARAMBIL HOUSE, THIRUNAVAYA P.O., MALAPPURAM. 3. MOHEMMED @ KUNJAPPU, AGED 68, LATE YOUSUFF, CHAKKALI PARAMBIL HOUSE, THIRUNAVAYA P.O., MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.G.SUDHEER (THURAVOOR) SRI.T.K.SUJITH RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, TIRUR, MALAPPURAM. 3. THE VILLAGE OFFICER, THIRUNAVAYA, MALAPPURAM. 4. THE DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTION, VAZHUTHAKKAD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10575/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SHOW CAUSE NOTICE BEARING NO.P4-57082/05 DT. 19.1.06. EXT.P2:- COPY OF THE NOTICE NO.A11-2787/03(2) ISSUED BY the 2ND RESPONDENT TO THE IST PETITIONER. EXT.P2(a):- COPY OF THE NOTICE NO.A11-2787/03(3) ISSUED BY the 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P2(b):- COPY OF THE NOTICE NO.A11-2787/03(1) ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.10575 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Exts.P2 & P2(a) orders passed by the District Collector are 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 petitioners. 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 petitioners, within three months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the petitioners 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. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.10575 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.