IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 1608 of 2009(N) ------------------------- PETITIONER(S): --------------- SALEEM.P., S/O.MOHAMMED, AGED 36 YEARS, PERISSERI HOUSE, PUTHUR MADOM, PANTHEERANKAVU P.O. PERUVAYAL, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 2. THE ASSISTANT COLLECTOR, KOZHIKODE DISTRICT. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.1608 OF 2009 ------------------------ Dated this the 28th day of January, 2009. JUDGMENT Challenge is against Ext.P2 by which the first respondent has found that the vehicle bearing registration No.KL-11/Z.4260 was involved in the unauthorized transportation of river sand and on that basis the petitioner was asked to remit Rs.1,50,000/- being the value of the vehicle and a fine of Rs.25,000/-. One of the contentions raised by the counsel for the petitioner was that, it was the Assistant Collector who heard the petitioner and that it was the District Collector who passed the order. On instruction, the Government Pleader confirms the position and submits that it was based on the report of hearing submitted by the Assistant Collector, the first respondent considered the entire issue and passed the order. In my view, this is clearly impermissible. WP(c).No.1608/09 /2/ In this case, since it is the Assistant Collector who heard the petitioner and it is the District Collector who passed the order, I am inclined to set aside Ext.P2 and I do so. The first respondent is directed to issue notice to the petitioner and pass fresh orders in this matter after hearing the petitioner. Writ petition is disposed of as above. (ANTONY DOMINIC) vi JUDGE