IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35800 of 2005(J)
1. THE SECRETARY,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, PALGHAT.
... Respondent
2. THE TAHSILDAR, ALATHUR,
For Petitioner :SRI.V.C.JAMES
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :04/07/2008
O R D E R
K. BALAKRISHNAN NAIR, J.
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W.P.(C) No.35800 OF 2005
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Dated this the 4th day of July, 2008
J U D G M E N T
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The petitioner is the owner of a tractor bearing
registration No.KL-9/J 7741. The said vehicle was seized by the
Tahsildar, Alathur, on the allegation that it was used for
transporting river sand illegally on 8.12.2005. The petitioner
submits that the transporting of sand was undertaken on the
strength of Ext.P2, pass, issued in respect of that vehicle valid
from 11.5 a.m to 2 p.m on 8.12.2005. So, the seizure is illegal.
But, without affording an opportunity to the petitioner to
present his case, the matter was disposed of, by the 1st
respondent, District Collector, by imposing a fine of Rs.
25,000/-. The petitioner submits that the Collector has no
power or authority to impose a fine. He may in appropriate case
confiscate the vehicle. Further, the order was passed without
hearing the petitioner.
2. The respondents have filed a counter affidavit
supporting the impugned order. But, they have no case that the
W.P.(C) No.35800/2005 2
petitioner was given notice regarding the allegation, that he was
given an opportunity to represent against it and thereafter the
impugned order was passed.
3. In view of the said position, the grievance of the
petitioner that the order was passed in violation of principles of
natural justice has to be accepted. Accordingly, Ext.P3 is
quashed. The 1st respondent, District Collector, is directed to
pass fresh orders in the matter, after affording an opportunity of
being heard to the petitioner, within three months from the date
of production of a copy of this judgment. The bank guarantee
furnished by the petitioner, as per the interim order of this
Court, dated 22.12.2005, shall be kept alive till final orders are
passed by the District Collector.
The writ petition is disposed of as above.
(K.BALAKRISHNAN NAIR, JUDGE)
ps