IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37205 of 2008(D) -------------------------- PETITIONER(S): --------------- NIDEESH.P, S/O. GOVINDAN, AGED 23 YEARS, PERUMKANI.P.O, MUCHUKUNNU, VIYYAR AMSOM, PULIYANCHERI DESOM, KOYILANDY. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE TAHSILDAR, KOYILANDY MINI CIVIL STATION, KOYILANDY. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).37205/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT A vehicle belonging to the petitioner was intercepted and seized on the ground of unauthorised transportation of river sand and the District Collector has subsequently passed Ext.P1 order directing the petitioner to remit an amount of Rs.2,75,000/- towards the river management. Said order has been challenged in this writ petition. It is contended that the transportation was supported by a pass and this aspect has not been taken note of by the District Collector. 2. The parameters governing the exercise of power by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, has been considered elaborately by this Court in Writ Petition No.15847/2008 and Connected Cases. It has been held therein that the power exercised by the District Collector is quasi-judicial in character and similar to W.P.(C).37205/2008 2 the power exercised by a Court of law dealing with confiscation proceedings. There has to be an application of mind on the part of the District Collector consistent with the fact that the power being exercised by the Collector is quasi-judicial. 3. Having heard learned Government Pleader also, I am of the view, that a reconsideration of the issue is necessary at the hands of the District Collector. He shall also take note of the directions issued by this Court in the aforementioned batch of cases. 4. In the result, Ext.P1 is set aside. District Collector shall pass fresh orders as regards the release of the vehicle bearing registration No.KL-11C-7758, within three months from the date of receipt of a copy of this judgment, in the light of the directions issued by this Court in W.P.(C).No. 15847/2008 and Connected Cases. 5. Copy of the judgment in W.P.(C).No. 15847/2008 and Connected Cases shall also be produced along with W.P.(C).37205/2008 3 the copy of this judgment before the District Collector. If there is an application for interim custody of the vehicle, same shall also be dealt with in accordance with the directions issued by this Court in the aforementioned judgment within two weeks from the date of receipt of such application. Writ petition is disposed of as above. V.GIRI, Judge mrcs