IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4501 of 2010(K) ------------------------- PETITIONER(S): --------------- M.P.ABDULLAH, S/O.MAMMU HAJI, AGED 50 YEARS, MELEPATH PUTHIYARAYIL, PAMBURUTHY, P.O.NARATH, POST KOLACHERRY, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 3. THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4501/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T Aggrieved by Ext.P5 order passed by the District Collector whereby the vehicle owned by the petitioner was confiscated for violation of the provisions contained in Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, this writ petition has been filed. 2. A reading of the order shows that the same has been passed relying upon the decision of a Division Bench of this Court in W.A.No.2578/2009 dated 04/12/2009 and, evidently, the said directions were issued while considering the application for interim custody of the vehicle. 3. In that view of the matter, Ext.P5 order cannot be supported. The same is quashed. There will be a direction to the District Collector to pass fresh orders in accordance with the provisions of the Act after hearing the petitioner within a period of two weeks. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms