IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 27124 of 2010(M) -------------------------- PETITIONER(S): ------------------- 1. HARIDAS, AGED 42 YEARS, S/O.RAJAN, KUNDIL HOUSE, MEZHATHUR POST, PALAKKAD. 2. P.A.PURUSHOTHAMAN, AGED 48 YEARS, PUTHUPARAMBIL HOUSE, KORATTIKKARA POST, KADAVALLUR, THALAPPILLI TALUK, TRISSUR DISTRICT. BY ADV. SRI.N.M.MADHU SRI.M.C.ASHI RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, COLLECTORATE, PALAKKAD-678 001. 2. THE VILLAGE OFFICER, TRITHALA VILLAGE, PALAKKAD DISTRICT-678 001. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27124 OF 2010 (M) ===================== Dated this the 9th day of September, 2010 J U D G M E N T The issue raised in this writ petition is regarding the validity of Ext.P6, an order passed by the 1st respondent finding the petitioners guilty of offences under the MM (D&R) Act, 1957 and the rules framed therein. On that basis, 1st petitioner has been directed to remit compounding fee of Rs.25,000/- each for the vehicles mentioned in the said order. None have a dispute that the Collector cannot impose fine as ordered in Ext.P6, as such power is exclusively within the domain of the Criminal Court. In that view of the matter, Ext.P6 cannot be sustained and I quash the same. 2. However, it is clarified that this judgment will not prevent the respondents in initiating fresh proceedings against the petitioners in accordance with law. 3. Pending further proceedings, petitioners seek release of the tipper lorry bearing Regn.No.KL-7-AQ-2224 and JCB bearing Regn.No.KL-8- P- 4455. Having regard to the fact that fresh proceedings are yet to be initiated and concluded, I feel it is WPC No. 27124/10 :2 : only appropriate that the 1st respondent should release the vehicles to the petitioner. In that view of the matter, it is directed that applying the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala and others (2010(3) KHC 333), it is directed that the 1st respondent shall, by imposing the conditions prescribed therein, release the vehicles. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp