High Court Kerala High Court

Shihabudheen.K vs The Deputy Director & Another on 21 January, 2009

Kerala High Court
Shihabudheen.K vs The Deputy Director & Another on 21 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37650 of 2008(F)



1. SHIHABUDHEEN.K
                      ...  Petitioner

                        Vs

1. THE DEPUTY DIRECTOR & ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/01/2009

 O R D E R
                         ANTONY DOMINIC, J.
                         -----------------------------
                       W.P.(C) No. 37650 of 2008
                     --------------------------------------
                 Dated this the 21st day of January, 2009

                                JUDGMENT

Challenge in this writ petition is against Exhibits P1 and P2.

Petitioner is the owner of a Goods Carriage Vehicle bearing

registration no. KL-10AB/2838. Proceedings were initiated, on the

allegation that the vehicle was used for the unauthorised transportation

of river sand. Petitioner states that nothing was heard in the matter and

that the petitioner was not served with any orders passed by the District

Collector.

2. According to the petitioner, in November 2008, he received

Exhibit P1 letter proposing to auction of vehicle articles and Exhibit P2

order passed by the District Collector levying value and penalty.

Aggrieved by the same, this writ petition has been filed.

3. Government pleader on instruction submits that ExhibitP2

order passed by the District Collector was communicated to the

petitioner on 31/05/2008. When he was asked whether there is any

document to prove that Exhibit P2 was served on the petitioner, the

W.P.(C) No. 37650 /2008
2

answer was that Exhibit P2 was served by ordinary post.

4. Admitted position is that there is nothing on record to show

that Exhibit P2 was served on petitioner. If that be so, there cannot be

any delay in challenging Exhibit P2.

5. A perusal of Exhibit P2 shows that the District Collector

relied mainly the seizure mahazar for fixing the guilt of the petitioner.

In Exhibit P2, no other documents have been dealt with and hence

Exhibit P2 deserves to be set aside for non-consideration of relevant

aspects and for reconsideration of the matter.

Accordingly, Exhibit P2 is set aside. First respondent is directed

to reconsider the matter with notice to the petitioner and pass orders

duly in adverting to the contentions raised.

ANTONY DOMINIC, JUDGE

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