The petitioner was the registered owner a lorry, bearing registration No.KLL 9293, which was detained and seized by the squad headed by the Tahsildar, Perinthalmanna, alleging that the vehicle was used for illegal transportation of sand. Confiscation proceedings were initiated under Exhibit P1 and the District Collector directed release of the vehicle on payment of Rs.25,000/-, being the value assigned to the vehicle; as also Rs.50,000/- being the fine, to be deposited towards the River Management Fund.
2. The short question raised by the learned counsel for the petitioner is that the District Collector does not have the power to confiscate vehicles or to impose conditions for such release of the vehicles. The offence alleged under Exhibit P1 is violation of Rule 29 (8) of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. The Section enabling such confiscation proceedings, being Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, does not, as it stood WP(C).No.36734 of 2008 - 2 -
then, permit confiscation for any violation of the Rules. Section 23 was amended only by the Kerala Protection of River Banks and Regulation of Removal of Sand [Amendment] Act, 2013, wherein seizure was enabled even for violation of the provisions of the Rule.
3. A Division Bench of this Court in Sanjayan v.
Tahsildar [2007 (4) KLT 597] found that the power to impose fine rests only with the Court and the only power on the Revenue authorities is to compound the offence. In the circumstance of Section 23 as it existed at that point of time having not provided any action on the violation of the rule, the writ petition has to be allowed.
In the result, the writ petition is allowed. Exhibits P1 and P2 are set aside. The parties are directed to suffer their respective costs.
Vku/-
( true copy ) Sd/- K.Vinod Chandran Judge.