Ashok Bhushan, C. J. - (1.) This Writ Appeal has been filed against the judgment dated 22/01/2015 in WP (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 insofar 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 WP (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 deposit the assessed value of Rs.35,000/- plus fine of Rs.25,000/- within seven days. The 1st respondent again issued an order dated 03/02/2012 asking the petitioner to deposit Rs.35,000/- as value of the vehicle plus Rs.25,000/- imposed as per order dated 09/11/2011 within seven days, failing which the vehicle will be auctioned under R.28 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 (hereinafter referred to as the "the 2002 Rules") Petitioner filed WP (C) No. 3840 of 2012 challenging Ext. P1, i.e., order dated 03/02/2012. Petitioner challenged Ext. P1 insofar as it directed the petitioner to remit fine of Rs.25,000/-. Subsequently, petitioner deposited Rs.60,000/- on 02/03/2012 and the vehicle was released vide letter dated 03/03/2012 of the 1st respondent. Petitioner in the Writ Petition claimed for the following reliefs: "(i) Issue a writ of Certiorari quashing that portion of Ext. P1 which direct the petitioner to remit Fine amount of Rs.25,000/-. (ii) Issue a writ of mandamus directing the 1st respondent to release the vehicle bearing Reg.No. KL - 08 / E - 6174 to the petitioner on payment of the value of the vehicle mentioned in Ext. P1 without insisting for the remittance of the fine amount. (iii) Declare that the 1st respondent has no authority to impose fine amount under the River Sand Act, 2001, while passing final confiscation orders."
(3.) Learned Single Judge allowed the Writ Petition quashing Ext. P1 order imposing fine of Rs.25,000/-. In paragraph 6 of the judgment the learned Single Judge gave the reasons for allowing the Writ Petition which is quoted below: "The only challenge against Ext. P1 is regarding the imposition of fine of Rs.25,000/-. As rightly pointed out by the learned counsel for the petitioner, the Revenue Divisional Officer is incompetent to impose fine under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. This position has been reiterated by this Court in a series of decision." State has filed the Writ Appeal against the judgment of the learned Single Judge.;