High Court Kerala High Court

Kunhammed vs Tahsildar And Another on 3 March, 2009

Kerala High Court
Kunhammed vs Tahsildar And Another on 3 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6808 of 2009(U)



1. KUNHAMMED
                      ...  Petitioner

                        Vs

1. TAHSILDAR AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/03/2009

 O R D E R
                        ANTONY DOMINIC, J.
                  -------------------------
                     W.P.(C.) No.6808 of 2009
             ---------------------------------
              Dated, this the 3rd day of March, 2009

                          J U D G M E N T

Challenge in this writ petition is against Exts.P2 & P3. Ext.P2 is

the proceedings issued by the District Collector exercising his

powers under the Kerala Protection of River Banks and Regulation of

Removal of River Sand Act. By Ext.P3, the amount specified in Ext.P2

is demanded by the 1st respondent.

2. A reading of Ext.P2 shows that the District Collector

found that the Goods autorikshaw bearing Regn.No.KL-55-8161

belonging to the petitioner was involved in the unauthorised

transportation of river sand. Based on that conclusion, an amount of

Rs.30,000/- has been imposed on the petitioner as fine and

Rs.35,000/- towards the value of the vehicle, which are ordered to

be paid to the River Management Fund. It is this amount, which is

demanded by Ext.P3. Challenge is mainly regarding the levy of fine

on the petitioner.

3. Admittedly, in view of the provisions contained in the Act

and the Rules, the District Collector does not have the power to levy

WP(C) No.6808/2009
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fine. If that be so, the levy of fine as per Ext.P2 cannot be

sustained. Accordingly, Ext.P2 order passed by the District

Collector, in respect of the vehicle referred to above, to the extent it

imposed Rs.30,000/- as fine will stand set aside. It is made clear

that if Rs.35,000/- as ordered in Ext.P2 is remitted, the vehicle in

question will be released.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg