IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 6613 of 2005(K) ------------------------- PETITIONER: PETITIONER ---------------------- RIAZ, S/O. HAMSA, KARIPPUMKULAM HOUSE, ELAND, CHELAKKARA, THRISSUR DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, VADAKKUMCHERRY POLICE STATION, PALAKKAD DISTRICT. 2. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.6613/2005 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PASS ISSUED FROM PANJAL GRAMA PANCHAYAT. EXT.P2 : TRUE COPY OF THE CASH MEMORANDUM ISSUED IN FAVOUR OF THE VEHICLE. EXT.P3 : TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SECOND RESPONDENT. EXT.P4 : TRUE COPY OF THE ORDER NO.LRG.3-4604/05 DT. 5.2.2005 OF THE 2ND RESPONDENT. 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 ---------------------------------------------- W.P.(C) No.6613 OF 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.