Femila vs The District Collector on 21 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34450 of 2008(A)


1. FEMILA, AGED 25,D/O.JANAKI,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :21/11/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).34450/2008
                      --------------------
      Dated this the 21st day of November, 2008

                      JUDGMENT

Petitioner challenges Ext.P2 order passed by the

District Collector under Section 23 of the Kerala

Protection of River Banks and Regulation of Removal

of Sand Act, 2001. I am not inclined to consider the

contentions of the petitioner on merits as regards the

correctness of Ext.P2 order in circumstances where it

seems to be clear that the petitioner was not heard

before such order was passed.

In the result, writ petition is disposed of setting

aside Ext.P2 and directing the District Collector to

pass fresh orders under Section 23 of the Act read

with Rule 27 and 28 of the Rules, after hearing the

petitioner or an authorized representative, within two

weeks from the date of receipt of a copy of this

judgment.

V.GIRI,
Judge

mrcs