IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31170 of 2008(I) -------------------------------------- PETITIONER: ------------------- JOHNSON.T.A. AGED 39 YEARS, S/O.LAZAR, THALAKKATTOOR HOUSE PAVARATTY POST, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH, ADV. SRI.V.C.MADHAVANKUTTY. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD.` GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31170/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. LRG3-2008/47823/9 DTD. 22/09/2008 ISSUED BY THE R.1. EXT.P.2: COPY OF THE PETITION DTD. 23/09/2008 SUBMITTED BY THE PETITIONER BEFORE THE R1. EXT.P.3: COPY OF THE REPORT DTD. 18/09/2008 OF THE R.2. EXT.P.4: COPY OF THE SEIZURE MAHAZAR DT. 18/09/2008 PREPARED BY THE R.2. EXT.P.5: COPY OF THE REPORT DTD. 23/04/2008 OF THE TAHSILDAR, CHITTUR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.31170 of 2008 ------------------------- Dated this the 3rd day of November, 2008. JUDGMENT The petitioner challenges Ext.P5 order passed by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, read with the rules made thereunder. Several grounds have been taken up in the writ petition challenging Ext.P1. 2. It is, inter alia, contended that the sand being transported was excavated from the temple pond for the purpose of cleaning the pond and it is not excavated from any river. Consequently, the same will not attract the provisions of the Act, it is contended. 3. It is further contended that the petitioner was not heard before Ext.P1 order was passed. In other words, the order has been passed in violation of the principles of natural justice. In my view, it is necessary that the 1st respondent hears the petitioner before passing order on Ext.P2. W.P.(C).NO.31170/08 :: 2 :: In the result, the writ petition is allowed. Ext.P1 order is set aside. The 1st respondent is directed to pass a fresh order in the matter of seizure and release of the vehicle bearing registration No.KBF 6276, in accordance with the provisions of the Act and the Rules framed thereunder, within a period of 10 days from the date of receipt of a copy of this judgment, after hearing the petitioner as well. Sd/- (V.GIRI) JUDGE sk/ //true copy//