IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 25888 of 2006(F) -------------------------------------- PETITIONER: ------------------- LALI, S/O.MANIYAN, THATTASSERI VEEDU, KIZHUKOLLA DESOM, CHENKAL VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25888/2006-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MAHAZAR PREPARED BY THE ASSISTANT SUB INSPECTOR OF POLICE, PARASSALA. EXT.P.2: COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, PARASSALA TO THE R.2. ACKNOWLEDGING THE TAKING INTO CUSTODY OF THE VEHICLE. EXT.P.3: COPY OF THE ORDER DTD 18/01/2006 OF THE JUDICIAL IST CLASS MAGISTRATE'S COURT-II, PARASSALA IN C.M.P. 6937/05. EXT.P.4: COPY OF THE ORDER DTD. 05/07/2006 OF THIS HONOURABLE COURT IN CRL.M.C. NO. 1588/2006. EXT.P.5: COPY OF THE PETITION DTD. 22/07/2006 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE NOTICE DTD. 08/08/2006 ISSUED BY THE R.2. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C No.25888 of 2006 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T Ext.P6 order passed by 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. It is seen that the District Collector has imposed a fine on the petitioner. In view of the bench decision of this court in Sanjayan v. 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. Accordingly, the impugned order is quashed. There will be a direction to the District Collector to pass fresh orders in the matter after affording an opportunity for hearing to the petitioner, within four months from the date of receipt/production of a copy of the judgment. The fate of the steps taken by the petitioner pursuant to the interim order passed by this court will depend on the order thus passed by the District Collector. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.25888 of 2006 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.