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.
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W.P.(C) No. 10144 OF 2008
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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
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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
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