IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 25889 of 2009(E) -------------------------- PETITIONER(S): --------------- P.M.MOOSA, S/O.MUSTHAFA, PUTHUVAL PARAMBIL HOUSE, U.C.COLLVE,PO, ALUVA-2. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. THE S.I.OF POLICE, ALUVA POLICE STATION, ALUVA. GOVT. PLEADER SRI. M.A. ARIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25889 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st day of May, 2010. J U D G M E N T Petitioner's vehicle has been seized on allegations of illegal transport of river sand and Ext. P2 final order has been passed directing the petitioner to pay a fine of Rs. 50,000/-. The petitioner challenges the same on the ground that the petitioner has not used the lorry for transport of either river sand or any other sand for that purpose. According to the petitioner, the vehicle was seized near the Housing Board colony by the side of the U.C College, Tharikkakadavu road. The petitioner points out that in Ext. P1 seizure mahazar, the police have stated that the vehicle was seized from the banks of Periyar river while the vehicle was being filled with river sand. But, in Ext. P4 report of the Tahsildar, it is specifically stated that as per the depositions of witnesses, the vehicle was taken into custody from near the Housing Board Colony by the side of U.C. College, Tharikkakadavu road. According to the petitioner, that itself would conclusively prove the falsity of the police case. The petitioner further contends that the petitioner has not been afforded an opportunity of being heard before passing Ext. P2 order by the District Collector. 2. I have heard the learned Government Pleader also. 3. The learned Government Pleader frankly admits that the petitioner has not been heard before passing Ext. P2 order. Therefore, Ext. P2 order has been passed in violation of the principles of natural justice and therefore liable to be set aside on that ground alone. I do so. The writ petition is disposed of with the following further directions: The petitioner shall appear before the District Collector for a hearing of the case on 26-5-2010. The District Collector shall hear the petitioner on that day and pass orders within three days W.P.C. No. 25889/09 -: 2 :- therefrom. While passing orders, the District Collector shall specifically advert to the discrepancies between Exts.P1 and P4 and would consider whether that would vitiate the entire proceedings themselves. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.