IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 4813 of 2009(W) -------------------------------------- PETITIONER: ------------------- RARICHAKKUTTY, S/O. GOPALAN, PADANNAKKALATHIL HOUSE, THALAKULATHUR, KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN, MR.K.M.JAMALUDHEEN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE. 2. THE DEPUTY COLLECTOR (GENERAL) CIVIL STATION, KOZHIKODE. 3. THE ASSISTANT COLLECTOR, CIVIL STATION, KOZHIKODE. R1 TO R3 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, ALONG WITH W.P.(C). NO. 4881/2009 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos.4813,4881 & 4890/2009 ------------------------------ Dated this the 18th day of February, 2009. JUDGMENT In these cases, Ext.P3 orders marked in these writ petitions are issued by the first respondent exercising the powers under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. Exts.P1 marked are the notices of hearing issued to the petitioners in the proceedings which lead to Exts.P3. As is evident from Exts.P1 itself, these notices were issued by the Assistant Collector and not the District Collector. Petitioners are contending that in pursuance to Exts.P1 notices, it was the Assistant Collector who heard them and that it was the District Collector who passed the final order. This factual position is also confirmed by the learned Government Pleader on instruction obtained. WP(c).Nos.4813/09 & conn. /2/ 2. Under the provisions of the Act, it is the District Collector who is the authority competent to pass orders in the nature of Exts.P3. This necessarily requires hearing also and such hearing can be held only by the District Collector. In view of this, Exts.P3 order passed by the first respondent pursuant to the hearing that was conducted by the Assistant Collector, cannot be sustained and these orders are accordingly set aside. These writ petitions are disposed of directing the first respondent in these cases to hear the petitioners and to pass orders. (ANTONY DOMINIC) JUDGE vi/