IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31170 of 2008(I)
1. JOHNSON.T.A.
... Petitioner
Vs
1. DISTRICT COLLECTOR
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/11/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.31170 of 2008
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Dated this the 3rd day of November, 2008.
JUDGMENT
The petitioner challenges Ext.P5 order
passed by the District Collector under Section
23 of the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001,
read with the rules made thereunder. Several
grounds have been taken up in the writ petition
challenging Ext.P1.
2. It is, inter alia, contended that the
sand being transported was excavated from the
temple pond for the purpose of cleaning the pond
and it is not excavated from any river.
Consequently, the same will not attract the
provisions of the Act, it is contended.
3. It is further contended that the
petitioner was not heard before Ext.P1 order was
passed. In other words, the order has been
passed in violation of the principles of natural
justice. In my view, it is necessary that the 1st
respondent hears the petitioner before passing
order on Ext.P2.
W.P.(C).NO.31170/08
:: 2 ::
In the result, the writ petition is
allowed. Ext.P1 order is set aside. The 1st
respondent is directed to pass a fresh order in
the matter of seizure and release of the vehicle
bearing registration No.KBF 6276, in accordance
with the provisions of the Act and the Rules
framed thereunder, within a period of 10 days
from the date of receipt of a copy of this
judgment, after hearing the petitioner as well.
Sd/-
(V.GIRI)
JUDGE
sk/
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