C.Lukose Panicker vs State Of Kerala Represented By on 10 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32143 of 2006(B)


1. C.LUKOSE PANICKER, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOLLAM.

3. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :10/11/2008

 O R D E R
                           KURIAN JOSEPH, J.
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                      W.P.(C) No.32143 of 2006
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                     Dated 10th November, 2008.
                             J U D G M E N T

The issue pertains to the proceedings initiated by the

District Collector in the matter of alleged unauthorised transportation

of river sand. It is seen that the District Collector has imposed fine on

the petitioner. In view of the bench decision of this court in Sanjayan

v. 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. Accordingly, the impugned order is quashed.

There will be a direction to the District Collector to pass fresh orders in

accordance with law in the matter after affording an opportunity for

hearing to the petitioner, within four months from the date of

receipt/production of a copy of the judgment.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.32143 of 2006

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J U D G M E N T

Dated 10th November, 2008.