IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 22490 of 2005(B) -------------------------- PETITIONER: ------------ SASIKUMAR, AGED 46, S/O.APPU NADAR, MORIAH MOUNT, EDAIKODU, PALLICHAL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.22490/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF GOODS CARRIAGE PERMIT OR LORRY OF PETITIONER BEARING REG.NO.KL-07/F-2183. EXT.P2: COPY OF RELEVANT PAGES OF CERTIFICATE OF REGISTRATION OF PETITIONER'S VEHILCE BEARING REG.NO. KL-077/F-2183. EXT.P3: COPY OF SALE NOTE DT. 9.3.2003 ISSUED TO THE PETITIONER. EXT.P4: COPY OF NOTICE DT.23.7.2005 ISSUED TO THE PETITIONER BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. --------------------------------------- W.P.(C) No. 22490 OF 2005 -------------------------------------- Dated this the 4th 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-07/F-2183 . The said vehicle was seized by the revenue officials, on 8.6.2005, on the allegation that it was used for transporting river sand illegally. The petitioner moved the District Collector for release of the vehicle. Thereupon, the Collector passed Ext.P4 impugned order, dated 23.7.2005, imposing a fine of Rs.40,000/- on him. This writ petition is filed challenging Ext.P4. The petitioner submits the District Collector has no power or authority to impose a fine on him. Only the competent criminal court can do that. 2. I heard the learned Government Pleader for the respondents also. The point raised by the petitioner is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. As per the said judgment, the District Collector cannot impose any fine on the owner of a vehicle under the provisions of Kerala Protection of W.P.(C) No.22490/2005 2 River Banks and Regulation of Removal of Sand Act, 2002. Accordingly, Ext.P4 is quashed. The 2st respondent District Collector shall 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 28.7.2005, 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