IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 26111 of 2004(H) -------------------------- PETITIONER: ------------ FALLUL ABIDEEN, S/O. MOIDEEN, AGED 22 YEARS, RESIDING AT PALASSERI HOUSE, ANGADIPURAM P.O., PERINTHALMANNA TALUK, MALAPPURAM DIST. BY ADV. SRI.SURAJ.S RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR, MALAPPURAM DIST. 4. THE TAHSILDAR, PERINTHALMANNA, MALAPPURAM DIST. 5. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.26111/2004 APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF THE ORDER NO.B8.27214/04 DATED 27.7.2004 OF THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. --------------------------------------- W.P.(C) No.26111 OF 2004 --------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of the vehicle bearing registration No. KL-11-B/6136. The said vehicle was seized by the 3rd respondent, Sub Inspector of Police, Malappuram, on the allegation that it was used for transporting river sand without the necessary pass issued by the competent authority. Based on the report of the police, the District Collector passed Ext.P1 order as per which a fine of Rs.50,000/- has been imposed on him under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The writ petition is filed, challenging Ext.P1, mainly on the ground that the District Collector is not authorised to impose any fine on the owner of a vehicle which is involved in an offence under the above said Act. 2. The point raised by the petitioner is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and W.P.(C) No.26111/2004 2 connected cases. Accordingly, Ext.P1 is quashed. The 2nd respondent, District Collector, is directed to pass fresh orders in the matter, after affording an opportunity of being heard to the petitioner, in accordance with law, within three months from the date of production of a copy of this judgment. The petitioner shall keep alive the bank guarantee furnished by him, pursuant to the interim order of this Court dated 08.09.2007, till final orders are passed by the District Collector as directed above. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps