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. 25299 of 2005(J) ----------------------------------------- PETITIONER: ------------------- P.P. ANI, AGED 33 YEARS, S/O. PUSHPPAN, RESIDING AT PALLYAMPARAMBIL, CHALAKKAL, NORTH KUTHIYATHODU P.O. BY ADV. SRI.V.S.CHANDRASEKHARAN SRI.A.J.VARGHESE RESPONDENTS: ------------------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARAPUZHA. 3. K.M. KUNJU MUHAMMED, AGED 51 YEARS, S/O. VEERAVU, KUNNATH HOUSE, PALUPASSERY, CHANGANASSERY. 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. 25299/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE FORUM P CASH MEMORANDUM ISSUED BY KUNJU MUHAMMED ISSUED IN FAVOUR OF THE DRIVER PETITIONER'S VEHICLE. EXT.P2:- COPY OF THE APPLICATION DT. 18.8.05 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3:- COPY OF THE APPLICATION FILED BEFORE THE IST RESPONDENT DISTRICT COLLECTOR FOR RELEASING THE VEHICLE AS WELL AS LOADED IN THE VEHICLE NO.KL M8 5994. EXT.P4:- COPY OF THE PROCEEDING OF COLLECTOR NO.KDS 39093/05/M2- DT. 12.8.05. EXT.P5:- COPY OF THE ORDER DT. 19.8.05 PASSED BY THE DISTRICT COLLECTOR. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.25299 of 2005 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T 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 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. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.25299 of 2005 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.