IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 36491 of 2008(T) -------------------------- PETITIONER(S): --------------- K.SUBAIR, S/O.AHAMMED, KARIYERI HOUSE, PUTHIYANIRATHU, ELATHUR, P.O.PUTHIYANAGADI. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, KOZHIKODE. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.36491/08 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RC BOOK . P2 COPY OF THE PROCEEDINGS DT 12-11-08 ISSUED BY THE RESPONDENT. P3 COPY OF THE ORDER ISSUED BY THE RESPONDENT. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 36491 of 2008 T ``````````````````````````````````````````````````````` Dated this the 26th day of October, 2010 J U D G M E N T Ext.P2 order passed by the District Collector, exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001 is under challenge. Two grounds are raised. One is that the enquiry on Ext.P2 was conducted by the Assistant Collector and the other ground stated is that by Ext.P2, fine of Rs.25,000/- has been imposed. 2. A reading of Ext.P2 substantiates both these contentions. Therefore, in that view of the matter, Ext.P2 cannot be sustained. Ext.P2 order directing confiscation of vehicle No.KL-11/V-8028 is set aside. It is directed that on the production of a copy of this judgment, the matter will be forwarded to the Sub Divisional Magistrate, who is now authorised. The Sub Divisional Magistrate shall conduct an W.P.(C) No.36491/2008 : 2 : enquiry with notice to the petitioner and pass fresh orders in the matter. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks