IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18050 of 2005(W)
1. T.E.ABDUL RAHIM MOOSA,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.K.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :22/10/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.18050 OF 2005
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Dated this the 22nd day of October, 2008.
J U D G M E N T
Exhibit P3 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.
2. 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 vs. 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.
W.P.(C) No.18050/05 2
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 a period of four months from the date of
receipt/production of a copy of this 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.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No.18050/05 3
KURIAN JOSEPH, J.
W.P.(C) No. 18050 OF 2005
J U D G M E N T
22.10.2008