IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13309 of 2009(G)
1. SHOUKATHALI
... Petitioner
Vs
1. THE TAHSILDAR, ERNAD.
... Respondent
2. THE DISTRICT COLLECTOR, MALAPPURAM.
3. THE SUB INSPECTOR OF POLICE
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 13309 of 2009-G
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Dated this the 9th day of September, 2009.
J U D G M E N T
Heard Sri.Jijo Paul, the learned counsel appearing for the petitioner
and Sri.M.A.Asif, the learned Government Pleader appearing for the
respondents.
2. The petitioner is the registered owner of a mini lorry bearing
registration No.KL-10V-2819. The said vehicle was seized by the first
respondent, Tahsildar on 19.11.2008 alleging that it was used to
transport river sand without a valid pass. The second respondent District
Collector thereafter passed Ext.P1 order dated 3.1.2009 under the
provisions of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001 directing the petitioner to pay the sum of
Rs.1,50,000/- in lieu of confiscation of his vehicle. Ext.P1 is under
challenge in this writ petition.
3. The petitioner challenges Ext.P1 on various grounds.
However it is now conceded at the Bar that the petitioner did not appear
for hearing before the District Collector and Ext.P1 order was passed on
ex-parte. In my opinion, as the order visits the petitioner with adverse
civil consequences, the District Collector ought to have afforded him a
reasonable opportunity to state his case.
W.P(C) No. 13309 of 2009-G 2
I accordingly allow this writ petition, quash Ext.P1 and direct
the District Collector, Malappuram to pass revised orders under the
Kerala Protection of River Banks and Regulation of Removal of Sand Act,
2001 after notice to and affording the petitioner a reasonable
opportunity to state his case. The petitioner shall be given a copy of the
seizure mahazar, if it has not so far given. Revised orders in the matter
shall be passed within two months from the date on which the petitioner
produces a certified copy of this judgment before the District Collector.
It will open to the District Collector to grant interim custody of the
vehicle to the petitioner on such terms and conditions as the District
Collector may deem fit to impost, if the petitioner makes a request in
that regard. It will be open to the petitioner to file a written
representation setting out his contentions.
The writ petition is disposed of as above.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab