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Shaji Andrews vs State Of Kerala on 25 July, 2008

Kerala High Court
Shaji Andrews vs State Of Kerala on 25 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28553 of 2006(Y)


1. SHAJI ANDREWS, AGED 39,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY CHIEF
                       ...       Respondent

2. DISTRICT COLLECTOR,

3. DY.S.P.,

4. S.I.OF POLICE,

5. UNION OF INDIA,REPRESENTED BY

                For Petitioner  :SRI.MANJU ANTONEY

                For Respondent  :SRI.BOBY JOHN, CGC

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :25/07/2008

 O R D E R
                           KURIAN JOSEPH, J.
                 ----------------------------------------------
                      W.P.(C No.28553 of 2006
                 ----------------------------------------------
                        Dated 25th July, 2008.
                             J U D G M E N T

Ext.P9 order passed by the District Collector is under

challenge. 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 a 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 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 fate of the steps taken by the petitioner

pursuant to the interim order passed by this court will depend on the

order thus passed by the District Collector.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

———————————————-

W.P.(C) No.28553 of 2006

———————————————-

J U D G M E N T

Dated 25th July, 2008.

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