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