Sunny vs District Collector on 4 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32855 of 2008(J)


1. SUNNY, S/O.CHACKO VARGHESE, AGED 36 YRS,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, ALAPPUZHA.
                       ...       Respondent

2. THE TAHSILDAR, CHENGANOOR, ALAPPUZHA

3. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/02/2009

 O R D E R
                           ANTONY DOMINIC, J.
                           ==============
                     W.P.(C) NO. 32855 OF 2008 (J)
                    ====================

                Dated this the 4th day of February, 2009

                              J U D G M E N T

Ext.P1 order is under challenge. This order was passed by the

District Collector exercising his powers under the Kerala Protection of River

Banks and Regulation of Removal of Sand Act. The main objection raised

is against the levy of Rs.25,000/- fine on the ground that the District

Collector could not have imposed the fine. This position is covered in

favour of the petitioner in view of the judgment of this Court in Sanjayan

v. Tahsildar (2007(4) KLT 597) followed in a batch of cases as per

Ext.P2 judgment.

2. In view of the above, the writ petition is disposed of quashing

Ext.P1 to the extent of levying Rs.25,000/- fine on the petitioner. It is

directed that if the vehicle is still available, on the remittance of

Rs.1,50,000/- as ordered in Ext.P1, the same will be released to the

petitioner.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp