Quashed

Mohammed Hashim v. District Collector

Kerala HC24 Sept 2008OP/2056/2003

Case brief

AI extract

What is this about?

The High Court of Kerala held that under the Protection of River Banks and Regulation of Sand Act, 2001, the District Collector lacks authority to impose fines on vehicle owners; such power lies solely with the court. The court quashed the fine-imposition order and directed the Collector to pass fresh orders after hearing within four months.

What did the court decide?

Impugned order imposing fine was quashed. District Collector directed to pass fresh orders after hearing within four months.

Mohammed Hashim Vs District Collector — Constitutional and Fundamental Rights | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930

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OP.No. 2056 of 2003(T)

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--------------------------------

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PETITIONER:

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-------------------

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MOHAMMED HASHIM, S/O. MOHAMMED ALI, AGED 30 YEARS, PUTHUPARAMBIL HOUSE, KANIRAPARA P.O., KANGAZHA, KOTTAYAM DISTRICT.

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BY ADV. SRI.C.A.CHACKO,

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ADV. SRI.I.J.AUGUSTINE.

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RESPONDENTS:

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-----------------------

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1. THE DISTRICT COLLECTOR, KOTTAYAM.

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2. THE TAHSILDAR, CHANGANASSERY.

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3. THE SUB INSPECTOR OF POLICE, KARUKACHAL POLICE STATION, KOTTAYAM.

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BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR.

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P. NO. 2056/2003-T:

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ORDER ON C.M.P. NO. 3756/2003 IN O.P. NO. 2056/2003-T

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DISMISSED

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24/09/2008.

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SD/- KURIAN JOSEPH, JUDGE.

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE SCENE MAHAZAR.

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EXT.P.2: COPY OF THE ORDER DTD. 10/01/2003 ISSUED BY THE R.1. TO THE PETITIONER.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

prv.

KURIAN JOSEPH, J.

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O.P. No.2056 of 2003

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Dated 24^th September, 2008.

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J U D G M E N T

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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 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 accordance with law 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. It

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OP NO. 2056/03

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is made clear that 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.

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KURIAN JOSEPH, JUDGE.

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tgs

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KURIAN JOSEPH, J

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O.P. No.2056 of 2003

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J U D G M E N T

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Dated 24^th September, 2008.

Mohammed Hashim v. District Collector

Case brief

What is this about?

What did the court decide?

Mohammed Hashim v. District Collector

Case brief

What is this about?

What did the court decide?

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