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. 4979 of 2007(P) ------------------------- PETITIONER(S): ----------------------- AJMAL, S/O.ABDU RAHIMAN, MARATHUMOOLAYIL HOUSE, KODIYATHOOR, MUKKOM, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.JIJO PAUL SMT.DEEPTHI.S.MENON SRI.ABRAHAM SAMSON SMT.SHEEBA.M.T SRI.RAJESH.P.A RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DIST. GOVERNMENT PLEADER MR.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 4979 of 2007 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE ORDER NO.H1.43922/05 ISSUED BY THE 2ND RESPONDENT DATED, 21.12.2006 EXT.P2:- COPY OF THE JUDGMENT IN W.A.NO.1330/2002 AND CONNECTED CASES DTD 17.6.2002 OF THIS HON'BLE COURT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.4979 of 2007 ---------------------------------- Dated this the 24th day of June 2011 J U D G M E N T The only issue now raised is regarding the validity of fine imposed on the petitioner as per Ext.P1 order of the District Collector. 2. A reading of Ext.P1 order shows that, on the finding that the vehicle has been used in violation of the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, the District Collector has ordered that the petitioner shall remit the value of the vehicle and also fine. 3. In so far as the levy of fine is concerned, in the light of the principles laid down by the Division Bench of this Court in W.A.No.1330 of 2002 and connected cases, levy of fine by the District Collector cannot be sustained. W.P.(C).No.4979 of 2007 -: 2 :- Therefore, Ext.P1 order to the extent fine of `27,000/- has been levied on the petitioner is set aside. In all other respects, the writ petition will stand dismissed. ANTONY DOMINIC, JUDGE. Jvt