IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11348 of 2011(P) -------------------------- PETITIONER(S): --------------- PRABHAKARAN K., S/O.SANKARAN, AGED 42 YEARS, KUNNATH HOUSE, P.O.VARAVATTOOR, DESAMANGALAM, THRISSUR DISTRICT (RC OWNER OF KL-48A/7015). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF THE RDO, OTTAPPALAM, PALAKKAD DISTRICT-679101. 2. SUB INSPECTOR OF POLICE, CHALISSERY, POLICE STATION, CHALISSERY P.O., PALAKKAD DISTRICT- 678001. SR GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).11348/2011 ....................... Dated this the 7th day of April, 2011 JUDGMENT The issue involved in this writ petition is regarding the sustainability of Ext.P5 order passed by the first respondent under the Kerala Protection of River Banks & Removal of Sand Act/Rules. 2. The case of the petitioner is that pursuant to the verdict passed by this Court in W.P.(C).6649/2011 as borne by Ext.P2, petitioner approached the concerned authority who was directed to have the proceedings finalised in tune with the law declared by the Full Bench of this Court in Shan C.T. v State of Kerala (2010 (3) KHC 333). First respondent issued Ext.P3 notice of hearing asking the petitioner to appear on 22.3.2011 for a hearing with all relevant records. It is pointed out with reference to Ext.P4 postal cover bearing the seal of the postal authorities, that Ext.P3 notice was served to the petitioner only on 22.3.2011 and hence the petitioner W.P.(C).11348/2011 2 could not appear before the first respondent for the hearing as scheduled on 22.3.2011. Learned counsel submits that Ext.P5 has been passed without giving an effective opportunity of hearing and hence interference of this Court is sought for to set aside the same. 3. Heard the learned Government Pleader as well. 4. Learned counsel for the petitioner placed the original of the cover in which Ext.P3 was forwarded to the petitioner. The postal seal on the cover reveals that it was never served to the petitioner on any day prior to 22.3.2011. The factual position is got perused by the learned Government Pleader as well. In such circumstances, this Court finds that the matter requires to be reconsidered by the first respondent after giving an effective opportunity of hearing to the petitioner. Accordingly Ext.P5 is set aside and the matter is remitted to the first W.P.(C).11348/2011 3 respondent, who shall pass fresh orders after intimating the date of hearing well in advance. Proceedings shall be finalised as above, at any rate, within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs