IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 16445 of 2008(G) -------------------------- PETITIONER: --------------- SUNIL, S/O. DEVAKI, MANNANGATTIL VEEDU, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, PERINTALMANNA. BY GOVERNMENT PLEADER ADV. SHRI M.H. HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16445 of 2008(G) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF THE RECEIPT DATED 03.03.2008 FOR RS.10.000/-ISSUED FROM THE JFCM COURT I, PERINTHALMANNA. EXT.P2 : TRUE COPY OF TE ORDER OF THE DISTRICT COLLECTOR DATED 24.04.2008. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16445 OF 2008 ......................................................................... Dated this the 3rd August , 2011 J U D G M E N T The vehicle bearing No.KL.10/53-3769, owned by the petitioner was seized on 23.02.2008, alleging illegal transportation of river sand, which led to the proceedings taken against the petitioner under the relevant provisions of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. Meanwhile, the petitioner approached this Court seeking for interim custody of the vehicle. By virtue of the orders passed on 27.02.2008, interim custody of the vehicle was ordered to be given to the petitioner on depositing a sum of Rs. 10,000/- and also on executing a bond for Rs.Two lakhs with two solvent sureties, which is stated as complied with, as borne by Ext. P12 receipt as to the payment effected, and interim custody of the vehicle was released to the petitioner. 2. In the course of further proceedings, the first respondent W.P.(C) No. 16445 OF 2008 2 finalised the matter by passing Ext. P2 order dated 24.04.2008 whereby a sum of Rs.25,000/- was imposed as fine besides yet another sum of Rs.5000/- was ordered to be remitted to the River Management Fund as value of the vehicle , which in turn is under challenge in this writ petition. No counter affidavit has been filed as to the facts and figures. 3. When the case is taken up for hearing, there is no representation for the petitioner. 4. Heard the learned Government Pleader. 5. The specific case projected in the writ petition is that there is no power or authority vested with the first respondent to impose any fine under the Act in view of the law declared by this Court in Ahammed Kutty vs. State of Kerala (2008(1) KLT 1068). 6. The learned Government Pleader appearing for the respondents disputes the applicability of the decision cited supra and submits that the issue is now pending before the Apex Court and hence the law is still to become final. 7. Obviously, the impugned order is dated 24.04.2008 W.P.(C) No. 16445 OF 2008 3 and as such, there was no occasion for the first respondent to have considered the dictum in 2008(1) KLT 1068 (cited supra). In the above circumstance, this Court finds that the matter requires to be reconsidered afresh by the competent authority. Accordingly, Ext.P2 order is set aside and the competent authority, as on date, ( in view of amendment of the statute w.e.f. 14.06.2010) is directed to re-consider the matter after giving an opportunity of hearing to the petitioner and finalise the proceedings within two months from the date of receipt of a copy of the judgment. The amount already satisfied by the petitioner pursuant to the interim order passed by this Court and further liability, if any, will be subject to the orders to be passed by the said authority as above. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk