IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 14423 of 2004(P) -------------------------- PETITIONER(S): --------------- SHAMSUDEEN,S/O.MOHAMMED ALI, KALIYARVATTATHIL HOUSE, IRIMBILIYAM,VALANCHERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA,REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.14423/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT AS NO.B 8/37482/03 DATED 31-3-2004. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.14423 of 2004 ---------------------------------------------- Dated 29th September, 2008. J U D G M E N T 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 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 accordance with law 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 writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ahg. KURIAN JOSEPH, J ---------------------------------------- W.P.(C) No.14423 of 2004 ---------------------------------------- J U D G M E N T Dated 29th September, 2008.