Riaz vs State Of Kerala on 18 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6613 of 2005(K)


1. RIAZ, S/O. HAMSA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR, CIVIL STATION,

                For Petitioner  :SRI.JOHN JOSEPH(ROY)

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :18/07/2008

 O R D E R
                       KURIAN JOSEPH, J.
             ----------------------------------------------
                  W.P.(C) No.6613 OF 2005
             ----------------------------------------------
                    Dated 18th July, 2008.
                         J U D G M E N T

Challenge is on Ext.P4 order passed by the

second respondent District Collector. The issue pertains to the

proceedings initiated against the petitioner for the alleged

unauthorised transportation of sand. One of the main contentions

taken by the petitioner is that he did not get sufficient opportunity

before the District Collector. The petitioner has produced Exts.P1

and P2. There is no reference to these documents in the

impugned order. Therefore, I quash Ext.P4 with a direction to the

second respondent to consider the matter afresh with notice to

the petitioner. Orders shall be passed adverting to the

contentions taken by the petitioner, within three months from the

date of production of a copy of the judgment. The fate of the

bank guarantee executed by the petitioner as per the order dated

25.2.2005 will depend on the order thus passed by the District

Collector.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.6613 OF 2005

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J U D G M E N T

Dated 18th July, 2008.