IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17693 of 2009(F)
1. KUNHAMMED,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :25/06/2009
O R D E R
V.GIRI, J
.......................
W.P.(C).17693/2009
.......................
Dated this the 25th day of June, 2009
JUDGMENT
Petitioner claims to be the registered owner of a
vehicle bearing registration No.KL-11/C.5600. The
vehicle was seized on 14.11.2008, alleging that it was
transporting river sand without an inter district permit.
District Collector passed an order finding that the
vehicle was indulging in an unauthorized transportation
of river sand because it was not accompanied by an
inter district pass, and he has proceeded to impose a
fine which seems to go against the dictum laid down by
a Bench of this Court in Sanjayan Vs.Tahasildar
[2007 (4) KLT 597]. Ext.P1 has been challenged in
this writ petition.
2. It is true that the District Collector has no
jurisdiction to impose a fine but has definitely a
jurisdiction to require the owner of the vehicle which
was found to be indulging in unauthorized illegal
transportation of river sand to deposit an amount
W.P.(C).17693/09
2
equivalent to the value of the vehicle. Therefore,
District Collector shall exercise his jurisdiction in
accordance with law.
3. In the result, Ext.P1 is set aside. District
Collector is directed to pass fresh orders, after hearing
the petitioner, in the matter of confiscation/release of
the vehicle bearing registration No.KL-11/C.5600,
under Section 23 of the Kerala Protection of River
Banks and Regulation of Removal of Sand Act, 2001,
and Rule 27 and 28 of the Rules framed thereunder,
within one month from the date of receipt of a copy of
this judgment.
writ petition is disposed of as above.
V.GIRI,
Judge
mrcs