IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3891 of 2009(L) --------------------------------- PETITIONER : ---------------------- ALAVIKUTTY, S/O. MUHAMMED, KUNUMMALTHODI HOUSE, MUTTIPALAM, ANAKKAYAM.P.O, MANJERI, MALAPPURAM DISTRICT (OWNER OF VEHICLE BEARNING NO. KL - 10-Z/9897) BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS : ------------------------- 1. THE DEPUTY TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.3891 of 2009 -------------------------------------- Dated this the 5th day of February, 2009 JUDGMENT Exhibit P3 order is under challenge. This order has been passed by the second respondent exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act. A reading of Exhibit P3 shows that the District Collector was guided only by the contents of Mahazar prepared at the time of seizure and he has not dealt with the contentions raised by the parties nor entered into any finding on those contentions. Therefore, the order is bad for non-application of mind and for non-consideration of relevant issues. For these reasons, Exhibit P3 order shall stand set aside and I direct the 2nd respondent to reconsider the matter with notice to the petitioner and pass a fresh order dealing with the contentions raised. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm