IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 34304 of 2009(G) --------------------------------------- PETITIONER(S): -------------------- 1. DAVIS M.P. MANJALY HOUSE, VENDOOR, ALAGAPPA NAGAR POST, THRISSUR DISTRICT. 2. SANALKUMAR.M.D., MANJALY HOUSE, VENDOOR, ALAGAPPA NAGAR POST, THRISUR DISTRICT. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE BY ADV. MR.P.K.VIJAYAMOHANAN MR.ALAN PAPALI MR.GILBERT GEORGE CORREYA MR. NISHIL P.S. RESPONDENT(S): ------------------------ 1. THE STATE OF KERLA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE, VADAKKANCHERRY. R1 TO R3 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34304 OF 2009 -------------------------- Dated this the 14th day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. Ex.P3 proceedings dated 25.11.2009 described as proceedings of the District Collector, Palakkad, signed and issued by the Deputy Collector, Land Revenue, Palakkad, is challenged in this writ petition. The petitioner challenges it on very many grounds including the contention that he had not requested for compounding the offence. The files disclose that the order is one issued by the Deputy Collector and not by the District Collector. Such being the situation, Ext.P3 order cannot be sustained. In the result, I allow the writ petition, quash Ext.P3 and remit the matter back to the District Collector, Palakkad. The District Collector shall pass de novo orders after notice to and affording the petitioner a reasonable opportunity of being heard, within 10 days from the date on which the petitioner produces a certified copy of this judgment before him. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps 2