IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 11592 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. PRAKASAN, S/O.CHANDUKUTTY, KALLAYIL HOUSE, THALAKULATHUR, KOZHIKODE. 2. MOHANAN, S/O.MANAN, NALUKANDATHIL HOUSE, THALAKULATHUR, KOZHIKODE. 3. BYJU, S/O.KUMARAN, PADANNAKALATHIL HOUSE, THALAKULATHUR, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE. 2. THE DEPUTY COLLECTOR, (GENERAL), CIVIL STATION, KOZHIKODE. 3. THE ASSISTANT COLLECTOR, CIVIL STATION, KOZHIKODE. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11592/2009 -------------------- Dated this the 22nd day of July, 2009 JUDGMENT Petitioners are aggrieved by the confiscation of the country boats belonging to them for alleged infraction of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Exts.P5 to P7 orders passed in this regard by the 1st respondent are under challenge on several grounds. 2. One contention taken up by the petitioners is that the petitioners were actually heard by the Assistant Collector. But an order was passed by the District Collector and this is in violation of principles of natural justice. 3. Learned Government Pleader, on instructions, submits that it is true that a hearing was conducted by the 3rd respondent but an order was passed by the 1st respondent. Obviously, this is in violation of the principles of natural justice. W.P.(C).11592/09 2 4. Accordingly Exts.P5 to P7 are quashed and the 1st respondent is directed to pass fresh orders after hearing the petitioners and after conducting such enquiry as is necessary within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs