IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 29387 of 2005(W) ---------------------------------- PETITIONER(S): ------------------- ABDUL SALAM K.H. AGED 33 YEARS, S/O.HYDROSE, MOULAVI, KALLUPARAMBIL HOUSE, CHERANALLUR P.O. ERNAKULAM DISTRICT. BY ADV. SRI.RENJITH B.MARAR RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION, ERNAKULAM. 4. GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM. R1 TO R4 GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, ALONG WITH WPC. NO.2905/2007 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29387/2005 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FORM P ISSUED TO THE PETITIONER BY THE LICENCEE UNDER THE KERALA MINOR MINERAL RULES, 1967 DATED 15/10/2005 SERIAL NUMBERED AS 804. P2: COPY OF THE ORDER DATED 17/10/2005 REJECTING, THE APPLICATION PREFERRED BY THE PETITIONER AND IMPOSING A FINE OF RS.10,000/- UP ON THE PETITIONER BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ----------------------------- W.P.(C).Nos.29387 of 2005, 2905 & 11910 of 2007, 21851 of 2008 & 10290 of 2009 --------------------- Dated this the 24th day of June 2011 J U D G M E N T Petitioner in W.P.(C).No.29387 of 2005 is the registered owner of a vehicle bearing Reg.No.KL 2 8326 and he is aggrieved by Ext.P2 order levying fine of `10,000/-. 2. Petitioner in W.P.(C)No.2905 of 2007 is the registered owner of a vehicle bearing Reg.No.KL 7 AB 8507 and he is aggrieved by Ext.P3 order levying fine of `10,000/-. 3. Petitioner in W.P.(C)No.11910 of 2007 is aggrieved by Ext.P1 order levying a fine of `25,000/- on his vehicle bearing Reg.No.KL-10V-6617. 4. Petitioner in W.P.(C)No.21851 of 2008 is the registered owner of a Goods Carriage vehicle bearing W.P.(C).Nos.29387 of 2005, 2905 & 11910 of 2007, 21851 of 2008 & 10290 of 2009 -: 2 :- Reg.No.KL-8H-5952 and he is aggrieved by Ext.P8 order levying fine of `50,000/-. 5. In so far as the petitioner in W.P.(C)No.10290 of 2009 is concerned, he is the registered owner of a mini lorry bearing Reg.No.KL-3A-4912 and he is aggrieved by Ext.P3 notice requiring him to remit fine of `75,000/-. 6. In all these cases, proceedings were initiated against the vehicles mentioned above on the allegation that these vehicles were used for the transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the District Collector concerned has passed the impugned orders exercising his powers under the said Act. The contention raised by the petitioners is that the statute did not confer any power to the District Collector to levy fine even if they are found guilty of having violated the provisions of the Act. This question has been considered by the Division Bench of this Court in Sanjayan W.P.(C).Nos.29387 of 2005, 2905 & 11910 of 2007, 21851 of 2008 & 10290 of 2009 -: 3 :- v. Tahsildar [2007 (4) KLT 597 (SC)] and it has been held that the District Collector does not have the power to levy fine. Consequently, the orders referred above deserves to be interfered with and are accordingly quashed. 7. However, the petitioners being the registered owners of the vehicles in question cannot be exonerated of the charges and the respondents are entitled to proceed against them afresh in accordance with law. Therefore, these writ petitions are disposed of quashing the impugned orders referred above and directing that it will be open to the respondents to proceed against the petitioners in accordance with law after issuing notice to them and affording them an opportunity of hearing. ANTONY DOMINIC, JUDGE. Jvt