IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 21911 of 2011(L) -------------------------- PETITIONER(S): --------------- RAJESH, S/O. RAJAN, AGED 30 YEARS, PARIYARATH KIZHAKKATHIL, AMPALATHUM BHAGAOM MURI, PORUVAZHI VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA DISTRICT. 3. THE THAHSILDAR, ADOOR. 4. THE AUTHORIZED OFFICER, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOLLAM. 5. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21911 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE PASS ISSUED BY THE 4TH RESPONDENT ON 9.11.10 EXT.P2- A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT ON 28.6.11 (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).21911/2011 [L] .............................................. Dated this the 22nd day of August, 2011 JUDGMENT Ext.P2 order passed by the District Collector is under challenge in this writ petition. This order has been issued exercising his power under the Kerala Protection of River Banks & Regulation of Removal of Sand Act. A reading of the order shows that the petitioner has violated the provisions mainly on the ground that the departure time mentioned in Ext.P1 pass, issued under Rule 29(1) of the Rules framed under the Act, has been corrected by the petitioner. 2. The case of the petitioner is that the timing was corrected by the third respondent and that the third respondent has initialed in the pass itself. A reading of Ext.P2 order shows that this contention of the petitioner has not been dealt with by the District Collector. 3. In the above view of the matter, I set aside Ext.P2 and direct that the first respondent will re-consider the matter with notice to the petitioner duly adverting to the contention of the petitioner also. W.P.(C).21911/11 2 4. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs