High Court Kerala High Court

Yahia vs The District Collector on 28 May, 2009

Kerala High Court
Yahia vs The District Collector on 28 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38129 of 2007(L)


1. YAHIA, S/O.MUHAMMAD ALI,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

                For Petitioner  :SRI.DILIP MOHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :28/05/2009

 O R D E R
                             S. Siri Jagan, J.
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                     W. P (C) No. 38129 of 2007
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                   Dated this, the   28th May, 2009.

                            J U D G M E N T

The matter arises under the Kerala Protection of River Banks

and Regulation of Removal of Sand Act, 2001. A lorry belonging to

the petitioner loaded with river sand was seized under the Act on the

allegation that the transportation is against the provisions of the Act

and Rules. After an earlier round of litigation, the same resulted in

Ext. P2 order of the District Collector, whereby it was found that the

transportation was in violation of the provisions of the Act and Rules.

Accordingly, the vehicle was confiscated and the petitioner was

directed to pay Rs. 55,000/- as value of the vehicle in lieu of

confiscation and he was also directed to pay Rs.25,000/- as fine. The

petitioner challenges Ext. P2 and consequential orders Exts.P3 and

P4. The contention of the petitioner is that the petitioner has not

violated any provisions of the Act or the Rules and therefore the

confiscation of the vehicle and levy of fine are unsustainable.

2. The learned Government Pleader, with the help of a counter

affidavit, opposes the contentions of the petitioner.

3. I have considered the rival contentions in detail.

4. The petitioner himself admits that he did not possess any

valid pass for transportation of the sand. He has not been able to

satisfy me that such transportation of river sand was after complying

with the mandatory provisions of the Act and the Rules. Therefore, I

am not inclined to accept the contention of the petitioner that the

transportation of the river sand was after complying with the

provisions of the Act and Rules.

5. The petitioner has got another contention that as held by a

Division Bench of this Court in Sanjayan v. Tahsildar, 2007(4) KLT

597, no fine can be imposed by the District Collector under the

provisions of the Act in so far as such power vests exclusively with

W.P.C. No. 38129/07 -: 2 :-

the Magistrate, who tries an offence under the Act. Therefore,

according to the petitioner, the imposition of fine is clearly illegal.

Referring to the decisions of this Court in Alavi v. District Collector

and others, 2007(4) KLT 473 and Moosakoya v. State of Kerala,

2008(1) KLT 538, the learned Government Pleader would argue that

the District Collector has powers to impose fine also.

6. After going through those decisions, I am unable to find

anything therein contrary to the decision in Sanjayan’s case. That

being so, going by the Division Bench decision in Sanjayan’s case,

imposition of fine is clearly unsustainable. Accordingly, Ext. P2 to the

extent it imposes fine of Rs. 25,000/- on the petitioner is hereby set

aside. However, the direction to pay Rs.55,000/- as value of the

vehicle in lieu of confiscation is upheld.

7. The petitioner would submit that the petitioner had earlier

paid Rs.25,000/-. If the same is correct, the petitioner shall pay the

balance amount also within one month. If the petitioner does not pay

the same as directed above, it would be open to the respondents to

recover the same either by invoking the bank guarantee furnished by

the petitioner as per order dated 24-12-2007 in this writ petition or by

taking coercive proceedings as warranted by law.

The writ petition is disposed of with the above directions.

Sd/- S. Siri Jagan, Judge.

Tds/