IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 1919 of 2008(C) ------------------------------------- PETITIONER: ------------------- P.R.RAJEEV, AGED 45 YEARS, S/O. RAGHAVAN, PUTHENVEETTIL HOUSE, NAD P.O., ALUVA. BY ADVS. MR.BOBY MATHEW, MR.E.T.MATHEW. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, ALUVA, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, ALUVA. R1 & R2 BY GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1919/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REGISTRATION NO:KL-07-AT-6342. EXT.P.2: COPY OF THE ENDORSEMENT DTD. 24/11/2007 MADE IN EXT.P.1. WITH REGARD TO THE VEHICLE BEARING REGISTRATION NO:KL-07-AT-6342. EXT.P.3: COPY OF THE FIR DTD. 19/11/2007 IN CRIME NO:2140/2007 OF THE ALUVA POLICE STATION. EXT.P.4: COPY OF THE MEMO DTD. 19/12/2007 ISSUED BY THE OFFICE OF THE JFCM I, ALUVA IN CRIME NO:2140/2007 OF THE ALUVA POLICE STATION. EXT.P.5: COPY OF THE ORDER NO:M2-65487/07 DTD. 27/12/2007 ISSUED BY THE R.1. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1919 OF 2008 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT The petitioner contends that Ext.P5 order was issued without giving him an opportunity of pre-decisional hearing. Taking into consideration that it is a matter resulting in confiscation of a vehicle, I deem it appropriate that the petitioner is given an opportunity of such hearing. To facilitate this, Ext.P5 will be treated as a provisional order and the District Collector will hear the petitioner de novo and issue orders thereafter. Let this be done within a period of three months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly, leaving open all other questions on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.01/02