WP(C).No.5564/2006 is filed challenging Ext.P2 containing the decision of the District Collector imposing a fine of Rs.50,000/- on the petitioner, under the Kerala River Banks’ Protection and Regulation of Sand Mining Act, 2001, hereinafter referred to as the “River Act” and the Rules framed thereunder, namely the Kerala River Banks’ Protection and Regulation of Sand Mining Rules, 2002, hereinafter referred to as the “River Rules”. The said Act and the Rules provide, among other things, a mechanism to save and preserve the river banks by preventing uncontrolled mining of river sand, which adversely affects the environment and leads to depletion of natural wealth and resources.

2. The petitioner’s case is that he is the ‘agreement owner’ of the vehicle mentioned in Ext.P2; that on 19-1-2006, his driver purchased sand from one Sri. A. Nandakumar, a licensed dealer of sand in Konnikara; that the said dealer issued Ext.P1 cash memorandum; that while the said vehicle was proceeding from North Paravur to Kochi through the Paravur-Varapuzha Road, the second respondent, Additional Tahsildar, Kodungallor, intercepted that vehicle at Padanna and took the vehicle into custody alle