IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 17262 of 2005(E) --------------------------------------- PETITIONERS: --------------------- 1. P.BALACHANDRAN, S/O.MALATHIYAMMA, PATHIYANA HOUSE, THOYAKKAVU, THRISSUR. 2. ABDUL RAHIMAN, S/O.ABDUL KHADER, AMBALATH HOUSE, ETTUMANNA P.O. KARUVANNUR, THRISSUR. BY ADV. SRI.K.A.HASSAN. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, SHORNUR. 3. THE SECRETARY, DESHAMANGALAM GRAMA PANCHAYATH. BY GOVT. PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17262/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 08/05/2005. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE DTD. 03/12/85. EXT.P.2.A: COPY OF THE MOTOR VEHICLES ACT AND RULES DTD. 08/05/05. EXT.P.2B: COPY OF THE TAX RECEIPT FOR THE PERIOD ENDING DTD. 30/06/05. EXT.P.2C: COPY OF THE THIRD PARTY INSURANCE FROM NEW INDIA INSURANCE DTD. 07/03/05. EXT.P.3: COPY OF THE CASH MEMORANDUM DTD. 12/05/2005. EXT.P.3.A: COPY OF THE RECEIPT DTD. 12/05/05. EXT.P.4: COPY OF THE REPRESENTATION TO THE R.1. DTD. 13/05/05. EXT.P.5: COPY OF THE PROCEEDING OF R.1. DTD. 24/05/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.17262 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Exhibit P5 proceedings of the District Collector is under challenge. The issue pertains to the proceedings initiated by the District Collector in the matter of alleged unauthorised transportation of river sand. 2. It is seen that the District Collector has imposed a fine on the petitioners. In view of the Bench decision of this Court in Sanjayan vs. 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. 3. Accordingly, Exhibit P5 is quashed. There will be a direction to the District Collector to pass fresh orders in the W.P.(C) No.17262/05 2 matter after affording an opportunity for hearing to the petitioners, within a period of four months from the date of receipt/production of a copy of this judgment. The fate of the steps taken by the petitioners pursuant to the interim order passed by this Court will depend on the order thus passed by the District Collector. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.17262/05 3 KURIAN JOSEPH, J. W.P.(C) No. 17262 OF 2005 J U D G M E N T 15.10.2008