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