IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 26168 of 2005(M) -------------------------- PETITIONER: ------------ JABBAR, S/O. ABDUL RAHIMAN, VAZHAIL PARAMBIL HOUSE, VAYALKARA, KUNNUKARA. BY ADV. SRI.RAJIV NAMBISAN SMT.AJI S.MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.26168/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE RELEVANT PAGE OF R.C.BOOK. EXT.P2: COPY OF SEIZURE MAHAZAR DT.17.08.2005. EXT.P3: COPY OF THE PETITION DT.19.08.2005 FILED BY THE PETITIONER. EXT.P4: COPY OF THE RECEIPT ISSUED BY TAX DEPARTMENT DT.17.08.2005. EXT.P5: COPY OF PERMIT DT.17.08.2005 ISSUED FROM KODUNGALLOOR TALUK OFFICE. EXT.P6: COPY OF THE CASH RECEIPT DT.17.08.2005 ISSUED FROM METHALA GRAMA PANCHAYAT. EXT.P7: COPY OF THE CASH MEMORANDUM DT.17.08.205 ISSUED FROM METHALA GRAMA PANCHAYAT. EXT.P8: COPY OF THE CERTIFICATE DT.18.08.2005 ISSUED BY METHALA PANCHAYAT PRESIDENT. EXT.P9: COPY OF THE PROCEEDINGS OF FIRST RESPONDENT DT.01.09.2005. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.26168 OF 2005 -------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner, who is the registered owner of a vehicle bearing registration No. KL-8/B 2518, has approached this court challenging Ext.P9 order of the District Collector dated 1.9.2005. The said vehicle was seized on 17.8.2005 by the Circle Inspector of Police, North Paravur, on the allegation that it was used for transporting river sand. The petitioner moved the District Collector for release of the vehicle. Thereupon, the Collector passed Ext.P9 impugned order, as per which, a fine of Rs.25,000/- has been imposed on him. The petitioner submits the District Collector has no power or authority to impose a fine on him. Only the competent criminal court can do that. 2. I heard the learned Government Pleader for the respondents also. The point raised by the petitioner is covered by the Division Bench decision of this Court in W.A.No.1286/2002 and connected cases. As per the said W.P.(C) No.26168/2005 2 judgment, the District Collector cannot impose any fine on the owner of a vehicle under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. Accordingly, Ext.P9 is quashed. The 1st respondent District Collector shall pass fresh orders in the matter, after affording an opportunity of being heard to the petitioner, in accordance with law, within three months from the date of production of a copy of this judgment. The petitioner shall keep alive the bank guarantee furnished by him, pursuant to the interim order of this Court dated 02.9.2005, till final orders are passed by the District collector as directed above. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps