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. 27272 of 2004(V) -------------------------- PETITIONER(S) :- ----------------------- MAYEENKUTTY, S/O.MUSTHAPHA, AGED 30, VIRUTHIPARAMBIL, VLIYANOOR P.O., ALUVA TALUK. BY ADV. SRI.V.V.JOSHI RESPONDENT(S) :- ---------------------------- 1. STATE OF KERALA REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. S.I. OF POLICE, NORTH PARAVOOR. 4. THE SECRETARY, METHALA GRAMA PANCHAYATH, P.O.KODUNGALLOOR. GOVT. PLEADER MR.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 27272 OF 2004 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the certificate issued by the 4th respondent dated 13.9.2004. Ext.P2 :- Copy of the Pass No.2901 dated 10.9.04 issued by the 4th respondent. Ext.P3 :- Copy of the petition filed by the petitioner before the 2nd respondent dated nil. Ext.P4 :- Copy of the order dated 14.9.2004 issued by the 2nd respondent. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C).No.27272 of 2004 ------------------------------------ Dated this the 24th day of June 2011 J U D G M E N T Ext.P4 order passed by the District Collector exercising powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 imposing fine on the petitioner being the registered owner of a lorry bearing No.KEE 4914 is under challenge. This Court has in the judgment in W.A.No.1330 of 2002 held that the District Collector who is exercising powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 cannot impose fine. In that view of the matter, Ext.P4 order is to be set aside and I do so. 2. If, pursuant to order dated 14.9.2004, the petitioner has deposited the amount of `10,000/-, the same shall be released to him. Writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE. Jvt