IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6365 of 2009(M) ------------------------- PETITIONER(S): --------------- MUHAMMED SHAREEF K. S/O.ABDU (LATE) KIDANGAYATH VEEDU, P.O.PANTHALLUR, PIN 676 521, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHASILDAR, ERNAD, MALAPPURAM DISTRICT. BY GOVT. PLEADER SR. P.N. SATHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6365 OF 2009 ------------------------ Dated this the 27th day of February, 2009. JUDGMENT Ext.P2 order is under challenge. By this order a Mini Lorry bearing registration No.KL-08/K-6759 belonging to the petitioner has been found to have violated the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and on that basis, petitioner is directed to remit an amount of Rs.50,000/- towards the River Management Fund. A reading of Ext.P2 order shows that it is only by accepting the statement in the mahazar that the guilt of the petitioner has been found. None of the contentions raised by the petitioner has been addressed. The complaints of the petitioner regarding the seizure and non-service of mahazar etc. are also not adverted to. WP(c).No.6365/09 /2/ 2. On the whole I am satisfied that there has not been any proper adjudication by the first respondent. For that reason Ext.P2 stands quashed and the first respondent shall reconsider the matter with notice to the petitioner, taking into account the law laid down by this court in SubramanianV. State of Kerala 2009(1)KLT 77). It is directed that in the meanwhile it will be open to the petitioner to apply to the Ist respondent for interim custody of the vehicle, in which case within 10 days of its receipt orders shall be passed by the first respondent. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6365/09 /2/