High Court Kerala High Court

T.E.Abdul Rahim Moosa vs The State Of Kerala on 22 October, 2008

Kerala High Court
T.E.Abdul Rahim Moosa vs The State Of Kerala on 22 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18050 of 2005(W)


1. T.E.ABDUL RAHIM MOOSA,
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT COLLECTOR,

3. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.K.SURESH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :22/10/2008

 O R D E R
                        KURIAN JOSEPH, J.
               ---------------------------------------
                   W.P.(C) No.18050 OF 2005
               ---------------------------------------
          Dated this the 22nd day of October, 2008.


                         J U D G M E N T

Exhibit P3 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.

2. 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 vs. 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.

W.P.(C) No.18050/05 2

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 a period of four months from the date of

receipt/production of a copy of this 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.

This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp

W.P.(C) No.18050/05 3

KURIAN JOSEPH, J.

W.P.(C) No. 18050 OF 2005

J U D G M E N T

22.10.2008