IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 2469 of 2008(R) 1. THOMASKUTTY ABRAHAM,S/O.KOCHUKUTTY ... Petitioner Vs 1. DISTRICT COLLECTOR, ... Respondent 2. SUB COLLECTOR,THIRUVALLA. 3. SUB INSPECTOR OF POLICE For Petitioner :SRI.R.GIREESH VARMA For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :04/02/2008 O R D E R ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 2469 of 2008 ------------------------------------- Dated: February 4, 2008 JUDGMENT
Ext.P2 is a mahazar prepared on 13.8.2007 seizing a country
boat belonging to the petitioner on the allegation of unauthorised
transportation of river sand. It is stated by the petitioner that after
the seizure, he had no notice of further proceedings. It is stated that
in October 2007, he was served with Ext.P1 order issued by the Sub
Collector directing to remit Rs.2 lakhs towards the value of the
country boat and Rs.25000/- towards fine. It is challenging Ext.P1
that this writ petition has been filed.
2. Rule 27 of the Protection of River Banks and Regulation of
Removal of Sand Act and Rules, 2002 is the only provision of the
rules allowing realisation of the value of the country boat and levy of
fine. This rule provides that the District Collector shall exercise
powers provided in the Rules. A reading of Ext.P1 shows that it
does not show that the 1st respondent has exercised the power so
conferred on him. In the absence of any enabling provision, the 1st
respondent cannot delegate his power and hence, the 1st respondent
should not have delegated the power to the 2nd respondent.
Therefore, Ext.P1 order requiring the petitioner to remit the value
and fine issued by the 2nd respondent is without jurisdiction. Hence
Ext.P1 will stand quashed.
The 1st respondent shall issue notice to the petitioner herein
and pass fresh orders in accordance with Rule 27 of the Protection
of River Banks and Regulation of Removal of Sand Rules, 2002.
This shall be done as expeditiously as possible in the event of
production of a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE