IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 18050 of 2005(W) ------------------------------------- PETITIONER(S): ------------------------- T.E.ABDUL RAHIM MOOSA, THOOMBATH EDAPPANAT HOUSE, PARAPOOR P.O. MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOTTAKKAL, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18050/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PERMIT DT. 8.11.04 ISSUED BY THE SECRETARY, PARAPPOOR GRAMA PANCHAYATH IN RESPECT OF PETITIONER'S VEHICLE. P2:- COPY OF THE RELEVANT EXTRACT OF THE REGITRATION CERTIFICATE IN RESPECT OF THE PETITIONER'S VEHICLE. P3:- COPY OF THE ORDER NO.B8-68681/04 DT. 28.5.05 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE CHAPTER V AND RULE 27(3) OF KERALA NADEETHEERA SAMRAKSHANAVUM MANALVARAL NIYANTHRANAVUM ACT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.18050 OF 2005 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T Exhibit P3 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. 2. 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 vs. 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. W.P.(C) No.18050/05 2 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 a period of four months from the date of receipt/production of a copy of this 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. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.18050/05 3 KURIAN JOSEPH, J. W.P.(C) No. 18050 OF 2005 J U D G M E N T 22.10.2008