Petitioner challenged provisions of Protection of River Banks and Regulation of Removal of Sand Act, 2001 and fine imposed by District Collector. Court held fine unsustainable and set aside fine of 25,000/- in Ext.P2 order.
Fine of 25,000/- levied on petitioner under Ext.P2 order set aside.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933
WP(C).No. 30363 of 2007(M)
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PETITIONER(S) :-
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CHERIYA ALIKKUTTY, S/O. MUHAMMED, 4/371, CHOLAKUZHI HOUSE, VAZHIYOOR, MALAPPURAM DISTRICT.
BY ADV. SRI.P.S.SREEJITH
RESPONDENT(S) :-
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1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. THE DISTRICT COLLECTOR, MALAPPURAM.
3. THE SUB INSPECTOR OF POLICE, THENJIPPALAM POLICE STATION, MALAPPURAM DISTRICT.
4. THE TAHSILDAR, THIRURANGADY TALUK, MALAPPURAM DISTRICT.
GOVERNMENT PLEADER MR.T.K.ARAVINDA KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
WP(C).No. 30363 OF 2007
APPENDIX
Petitioner's Exhibits :-
Ext.P1 :- Copy of the permit issued by the Vazhayoor Grama Panchayath dated 20-08-2007. Ext.P2 :- Copy of the final order of the second respondent dated 08-09-2007. Ext.P3 :- Copy of the judgment in W.A.No.1330/2002.
Respondent's Exhibits :- NIL.
//True Copy//
P.A. to Judge
ANTONY DOMINIC, J.
W.P.(C).No.30363 of 2007
Dated this the 24th day of June 2011
J U D G M E N T
Among the prayers in the writ petition, challenge against the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act, 2001, stands concluded against the petitioner by virtue of the judgment in W.A.No.3005 of 2007 and connected cases. The only further issue is regarding the validity of fine imposed on the petitioner as per Ext.P2 order of the District Collector.
W.P.(C).No.30363 of 2007
-: 2 :-
In all other respects, the writ petition will stand
dismissed.
ANTONY DOMINIC, JUDGE.
Jvt
2 issues framed by the court
Whether the levy of fine under Section 9 of the Protection of River Banks and Regulation of Removal of Sand Act, 2001, as imposed by the District Collector, can be sustained.
Whether the impugned order directing the petitioner to remit the value of the vehicle remains valid.
1 provisions across 1 enactments
CHERIYA ALIKKUTTY
THE STATE OF KERALA
THE DISTRICT COLLECTOR, MALAPPURAM
THE SUB INSPECTOR OF POLICE, THENJIPPALAM
THE TAHSILDAR, THIRURANGADY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
