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2015 Supreme(Ker) 725

ASHOK BHUSHAN, A.M.SHAFFIQUE
SUB DIVISIONAL MAGISTRATE REVENUE DIVISIONAL OFFICER, THRISSUR – Appellant
Versus
PRATHEESHKUMAR V. V. VELUR VADAKKUMURY HOUSE – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GOVERNMENT PLEADER SHIR P.I. DAVIS.
For the Respondent: SRI. SHOBY K.FRANCIS.

JUDGMENT

ASHOK BHUSHAN, J.

This Writ Appeal has been filed against the judgment dated 22.01.2015 in W.P(C) No.3840 of 2012. By the judgment dated 22.01.2015, the learned Single Judge has allowed the Writ Petition filed by the petitioner setting aside Ext.P1 order issued by the Revenue Divisional Officer/Sub Divisional Magistrate in so far as imposition of fine of Rs.25,000/- is concerned. The learned Single Judge held that the RDO/SDM is incompetent to impose fine under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the "the 2001 Act").

2. Brief facts giving rise to the Writ Petition are:

Petitioner's tipper lorry bearing Reg.No.KL-08/E-6174 was seized by the Sub Inspector of Police on 28.09.2011 alleging illegal transportation of river sand. Petitioner moved an application dated 29.09.2011 before the RDO/SDM to get interim custody of the vehicle and when no action was taken, filed W.P(C) No.6455 of 2011. This Court vide judgment dated 04.10.2011 directed the 1st respondent to pass orders on the application for interim custody within seven days. The RDO/SDM issued an order dated 09.11.2011 directing the petitioner to deposi











































































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