High Court Kerala High Court

Moideen.P.T vs The District Collector on 3 September, 2008

Kerala High Court
Moideen.P.T vs The District Collector on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26669 of 2008(Y)


1. MOIDEEN.P.T, S/O.ALIPPU, PATHAYATHODI
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE TAHASILDAR, PERINTALMANNA.

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/09/2008

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

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

                    W.P.(C).No.26669 of 2008

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

           Dated this the 3rd day of September, 2008

                         J U D G M E N T

The petitioner challenges Ext.P2 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.10,000/- 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 could not dispute the fact that the facts

of this writ petition are identical to the facts in W.P(C).No.

11181/2004, in which a learned Single Judge of this Court has

held that the District Collector has no power or authority to

impose fine under the Act, but in view of the provisions in the Act

and Rules enabling the District Collector to confiscate vehicles

involved in the illegal transport, demand for 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.26669/08 2

Ext.P2 order directing the petitioner to pay fine of Rs.25,000/-.

However, the petitioner shall pay the amount of Rs.10,000/-

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

Ext.P2. If the petitioner has deposited any amount before the

appropriate Criminal Court for release of the vehicle, it would be

open to the petitioner to apply for refund of the same with notice

to the State. On payment of Rs.10,000/-, the vehicle of the

petitioner shall be released to him.

The writ petition is disposed of as above.

Sd/-

sdk+                                         S.SIRI JAGAN, JUDGE


             ///True copy///




                                  P.A. to Judge