IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 25006 of 2009(U) -------------------------- PETITIONER(S): --------------- LIBEESH.K.K., S/O.KIRSHNAN, AGED 26 YEARS, KUTTAMKULANGARA HOUSE, PERUMBILAVU P.O., THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR. 3. BIJU MON, S/O.AYYAPPAN, ULLAMPUZHAYIL HOUSE, THRITHALA P.O., PALAKKAD. GOVT. PLEADER SRI. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25006/2009 ------------------------------------------------------------------ EXT.P1 COPY OF REGISTRATION CERTIFICATE OF THE LORRY. EXT.P2 CASH MEMORANDUM DT. 17-4-2009. EXT.P3 ORDER DT. 10-6-2009. EXT.P4 ORDER DT. 27-7-2009. EXT.P5 ORDER DT. 14-8-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25006 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of May, 2010. J U D G M E N T Petitioner is challenging Ext. P5 order passed by the 1st respondent-District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules, whereby allegedly for illegal transportation of river sand, the petitioner has been directed to pay an amount of Rs. 2,50,000/- as value of the vehicle used for the illegal transport, towards River Management Fund. The contention of the petitioner is that the petitioner was not afforded an opportunity of being heard before passing Ext. P5 oder. 2. I have heard the learned Government Pleader also. 3. In Ext. P5 order it is stated that the petitioner was heard on 10-6-2009. But, I find that Ext. P3 order giving interim custody itself is dated 10-6-2009. Therefore, hearing on 10-6-2009 could only have been in respect of interim custody. In fact, subsequent to Ext. P3, Ext. P4 judgment was rendered by this Court on 27-7-2009, in which there is a direction to the District Collector to pass final orders. That being so, it is evident that after 27-7-2009, the petitioner was not afforded an opportunity of being heard. Therefore, Ext. P5 is violative of the principles of natural justice. For that reason, Ext. P5 is quashed. The 1st respondent is directed to pass fresh orders, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment. Needless to say, it would W.P.C. No. 25006/2009 -: 2 :- be open to the petitioner to take all his contentions during the hearing, which shall be considered by the District Collector in accordance with law. Till such time, the security given by the petitioner shall continue to be in force. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/