High Court Kerala High Court

Khader vs The Tahsildar on 22 August, 2008

Kerala High Court
Khader vs The Tahsildar on 22 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24437 of 2008(H)


1. KHADER, S/O.KUNHEEDU HAJI,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR, PONANI TALUK,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, MALAPPURAM DIST.

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :22/08/2008

 O R D E R
                           S.SIRI JAGAN, J.

                   ==================

                     W.P.(C).No.24437 of 2008

                   ==================

             Dated this the 22nd day of August, 2008

                            J U D G M E N T

The petitioner challenges Ext.P4 order of the District

Collector, whereby for alleged illegal transport of river sand, the

petitioner has been directed to pay a fine of Rs.25,000/- and

Rs.20,000/- in lieu of confiscation of the vehicle, as per the

provisions of the Kerala Protection of River Banks and Regulation

of Removal of Sand Act, 2001. After arguing for some time, the

counsel for the petitioner himself agrees that this writ petition

itself may be disposed of in terms of the judgment of this Court

in W.P(C).No. 11181/2004. In that judgment, a learned Single

Judge of this Court has held that the District Collector has no

power or authority to impose fine, but in view of the provisions in

the Act and Rules enabling the District Collector to confiscate

vehicles involved in the illegal transport, demand of amount in

lieu of confiscation is valid.

2. I have heard the learned Government Pleader also.

3. Following the said judgment, I quash the direction in

w.p.c.24437/08 2

Ext.P4 order directing the petitioner to pay fine of Rs.25,000/-.

However, the petitioner shall pay the amount of Rs.20,000/-

demanded as amount in lieu of confiscation of the vehicle, as per

Ext.P4.

The writ petition is disposed of as above.

Sd/-

sdk+                                         S.SIRI JAGAN, JUDGE


             ///True copy///




                                  P.A. to Judge