IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6808 of 2009(U)
1. KUNHAMMED
... Petitioner
Vs
1. TAHSILDAR AND ANOTHER
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.6808 of 2009
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Dated, this the 3rd day of March, 2009
J U D G M E N T
Challenge in this writ petition is against Exts.P2 & P3. Ext.P2 is
the proceedings issued by the District Collector exercising his
powers under the Kerala Protection of River Banks and Regulation of
Removal of River Sand Act. By Ext.P3, the amount specified in Ext.P2
is demanded by the 1st respondent.
2. A reading of Ext.P2 shows that the District Collector
found that the Goods autorikshaw bearing Regn.No.KL-55-8161
belonging to the petitioner was involved in the unauthorised
transportation of river sand. Based on that conclusion, an amount of
Rs.30,000/- has been imposed on the petitioner as fine and
Rs.35,000/- towards the value of the vehicle, which are ordered to
be paid to the River Management Fund. It is this amount, which is
demanded by Ext.P3. Challenge is mainly regarding the levy of fine
on the petitioner.
3. Admittedly, in view of the provisions contained in the Act
and the Rules, the District Collector does not have the power to levy
WP(C) No.6808/2009
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fine. If that be so, the levy of fine as per Ext.P2 cannot be
sustained. Accordingly, Ext.P2 order passed by the District
Collector, in respect of the vehicle referred to above, to the extent it
imposed Rs.30,000/- as fine will stand set aside. It is made clear
that if Rs.35,000/- as ordered in Ext.P2 is remitted, the vehicle in
question will be released.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg