IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36843 of 2008(J)
1. SANAL KUMAR P.,S/O. KORUNNY
... Petitioner
2. K.KRISHNAN, S/O. APPUTTY
3. AZEEZ, KARUVADAN HOUSE
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE TAHSILDAR, NILAMBUR.
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :15/12/2008
O R D E R
V.GIRI, J
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W.P.(C).36843/2008
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Dated this the 15th day of December, 2008
JUDGMENT
Petitioners challenge Ext.P5 and P6 orders passed by
the District Collector under Section 23 of the Kerala
Protection of River Banks and Regulation of Removal of
Sand Act, 2001. According to the petitioners, the
transportation was supported by a pass and this aspect has
not been taken note of by the District Collector.
2. The parameters governing the exercise of power by
the District Collector under Section 23 of the Kerala
Protection of River Banks and Regulation of Removal of
Sand Act, 2001, has been considered elaborately by this
Court in Writ Petition No.15847/2008 and Connected
Cases. It has been held therein that the power exercised
by the District Collector is quasi-judicial in character and
similar to the power exercised by a Court of law dealing
with confiscation proceedings. There has to be an
application of mind on the part of the District Collector
consistent with the fact that the power being exercised by
the Collector is quasi-judicial.
W.P.(C).36843/2008
2
3. Having heard learned Government Pleader also, I
am of the view, that a reconsideration of the issue is
necessary at the hands of the District Collector. He shall
also take note of the directions issued by this Court in the
aforementioned batch of cases.
4. In the result, Ext.P5 and P6 are set aside. District
Collector shall pass fresh orders on the applications filed
by the petitioners for release of the vehicles bearing
registration Nos.KL-10B/4494, KL-10B/3534 and KL-
10P/890, after hearing the petitioners and after taking
note of the guidelines issued in this behalf in the judgment
in Writ Petition No.15847/2008 and Connected Cases.
Fresh orders shall be passed within two months from the
date of receipt of a copy of this judgment, along with the
certified copy of the judgment in Writ petition
No.15847/2008 and Connected Cases.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs