IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 35708 of 2008(A) -------------------------- PETITIONER(S): --------------- ABDUL RAHEEM, S/O. MOHAMMED, MELECHITTETH HOUSE, P.O. KANNIPARAMBA, VIA - MAVOOR, CALICUT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 2. THE ASSISTANT COLLECTOR, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35708/2008 -------------------- Dated this the 29th day of June, 2009 JUDGMENT Petitioner is the registered owner of a vehicle bearing registration No.KL-11/Y 1142. The vehicle was seized when it was transporting sand which, according to the petitioner, was supported by a pass issued by the Secretary of Keezhuparambu Grama Panchayat. It seems that the 2nd respondent, the Assistant Collector, conducted an enquiry for the purpose of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Ultimately, an order is seen to have been passed by the 1st respondent, the District Collector. Said order has been challenged in this writ petition. Several grounds have been taken up challenging Ext.P1. But what is noteworthy at this stage is the fact that enquiry was conducted by the 2nd respondent. But the order has been passed by the 1st respondent. The power exercisable by the District Collector under Section 23 of the Act has been held as quasi judicial in Subramanian Vs. State of Kerala W.P.(C).35708/2008 2 [2009 (1) KLT 77). Requirements of natural justice have also to be met. The authority which hears the aggrieved person is the authority required to pass an order. This evidently cannot be split up. To do so would be to violate the principles of natural justice. 2. Accordingly, on the aforementioned limited ground, Ext.P1 is quashed. 1st respondent shall conduct an enquiry or cause an enquiry to be conducted by a subordinate Officer. He shall then, on the basis of the materials consolidated, hear the petitioner or an authorized representative of the petitioner and then proceed to pass an order within six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs