IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 32257 of 2009(B) -------------------------- PETITIONER(S): --------------- M.P.ABDUL KHADER,AGED 57 YEARS, S/O.PAREETHU PILLAI,MUNDETHU HOUSE, MEKKALADY, KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY SMT. C.L.MANJU RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD. 2. SUB INSPECTOR OF POLICE, KALADY POLICE STATION,KALADY P.O. PIN 683 571. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32257/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P5 order passed by the District Collector in accordance with the provisions of the Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. As per Ext.P5, a fine amount of Rs.50,000/- is directed to be deposited in the account of the River Management Fund of the District Collector. 2. The learned counsel for the petitioner submitted that the order was passed without hearing the petitioner and apart from that imposition of fine amount at an exorbitant rate of Rs.50,000/- is in violation of the provisions of the Act. It is also submitted that the petitioner had not transported sand in violation of the provisions of the Act. 3. The learned Government Pleader on instructions submitted that the matter will be reconsidered by the District Collector after hearing the petitioner. 4. Therefore, the writ petition is allowed. Ext.P5 is quashed. There will be a direction to the first respondent to pass a fresh order after hearing the W.P.(C). No.32257/2009 -:2:- petitioner within a period of one month from the date of receipt of a copy of this Judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms