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.
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W.P.(C No.28553 of 2006
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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
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W.P.(C) No.28553 of 2006
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J U D G M E N T
Dated 25th July, 2008.
