High Court Kerala High Court

Moideenkutty vs District Collector on 26 March, 2008

Kerala High Court
Moideenkutty vs District Collector on 26 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10144 of 2008(G)


1. MOIDEENKUTTY, S/O.AHAMMED
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, COLLECTORATE
                       ...       Respondent

2. TAHSILDAR, TIRUR TALUK, TIRUR

3. SUB-INSPECTOR OF POLICE

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/03/2008

 O R D E R
                        ANTONY DOMINIC, J.
                -----------------------------------------------
                    W.P.(C) No. 10144 OF 2008
                -----------------------------------------------
               Dated this the 26th day of March, 2008

                              JUDGMENT

The challenge in this writ petition is against Ext.P4, a final

order passed by the District Collector exercising the powers under

Section 27 of the Kerala Protection of River Banks & Regulations

of Removal of Sand Act 2001 & Rules, 2002. The specific

contention of the petitioner is that he has not been heard before

the said order was passed. The order also does not disclose that

the petitioner was issued any notice. In such circumstances,

Ext.P4 has to be held as one passed in violation of the principle of

natural justice.

Accordingly, Ext.P4 order will stand quashed and the 1st

respondent is directed to issue notice to the petitioner, hear him

and pass fresh orders. It is directed that the above order shall be

passed as expeditiously as possible, at any rate, within 15 days of

production of a copy of this judgment.

In the event of the 1st respondent is unable to pass orders as

above, within 15 days, it will be open to the petitioner to seek

release of the vehicle having registration No.KL-10-B-2889, on his

WPC No. 10144 OF 2008
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executing a bond of Rs.50,000/- to the satisfaction of the 1st

respondent and undertaking to produce the same as and when

called for.

The Writ Petition is disposed of as above.

ANTONY DOMINIC, JUDGE

ttb

WPC No. 10144 OF 2008
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