IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37650 of 2008(F)
1. SHIHABUDHEEN.K
... Petitioner
Vs
1. THE DEPUTY DIRECTOR & ANOTHER
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 37650 of 2008
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Dated this the 21st day of January, 2009
JUDGMENT
Challenge in this writ petition is against Exhibits P1 and P2.
Petitioner is the owner of a Goods Carriage Vehicle bearing
registration no. KL-10AB/2838. Proceedings were initiated, on the
allegation that the vehicle was used for the unauthorised transportation
of river sand. Petitioner states that nothing was heard in the matter and
that the petitioner was not served with any orders passed by the District
Collector.
2. According to the petitioner, in November 2008, he received
Exhibit P1 letter proposing to auction of vehicle articles and Exhibit P2
order passed by the District Collector levying value and penalty.
Aggrieved by the same, this writ petition has been filed.
3. Government pleader on instruction submits that ExhibitP2
order passed by the District Collector was communicated to the
petitioner on 31/05/2008. When he was asked whether there is any
document to prove that Exhibit P2 was served on the petitioner, the
W.P.(C) No. 37650 /2008
2
answer was that Exhibit P2 was served by ordinary post.
4. Admitted position is that there is nothing on record to show
that Exhibit P2 was served on petitioner. If that be so, there cannot be
any delay in challenging Exhibit P2.
5. A perusal of Exhibit P2 shows that the District Collector
relied mainly the seizure mahazar for fixing the guilt of the petitioner.
In Exhibit P2, no other documents have been dealt with and hence
Exhibit P2 deserves to be set aside for non-consideration of relevant
aspects and for reconsideration of the matter.
Accordingly, Exhibit P2 is set aside. First respondent is directed
to reconsider the matter with notice to the petitioner and pass orders
duly in adverting to the contentions raised.
ANTONY DOMINIC, JUDGE
scm