IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 13309 of 2009(G) --------------------------------------- PETITIONER(S): ---------------------- SHOUKATHALI S/O.MUHAMMED HAJI, THONIKKADAVATH HOUSE KOOTTILANGADI P.O, PADINHATTUMURI, PERINTHALMANNA. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. THE TAHSILDAR, ERNAD. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE MANJERI POLICE STATION. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R1 TO R4 BY GOVERNMENT PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13309/2009-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 03/01/2009 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 13309 of 2009-G ------------------------------ Dated this the 9th day of September, 2009. J U D G M E N T Heard Sri.Jijo Paul, the learned counsel appearing for the petitioner and Sri.M.A.Asif, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL-10V-2819. The said vehicle was seized by the first respondent, Tahsildar on 19.11.2008 alleging that it was used to transport river sand without a valid pass. The second respondent District Collector thereafter passed Ext.P1 order dated 3.1.2009 under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 directing the petitioner to pay the sum of Rs.1,50,000/- in lieu of confiscation of his vehicle. Ext.P1 is under challenge in this writ petition. 3. The petitioner challenges Ext.P1 on various grounds. However it is now conceded at the Bar that the petitioner did not appear for hearing before the District Collector and Ext.P1 order was passed on ex-parte. In my opinion, as the order visits the petitioner with adverse civil consequences, the District Collector ought to have afforded him a reasonable opportunity to state his case. W.P(C) No. 13309 of 2009-G 2 I accordingly allow this writ petition, quash Ext.P1 and direct the District Collector, Malappuram to pass revised orders under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 after notice to and affording the petitioner a reasonable opportunity to state his case. The petitioner shall be given a copy of the seizure mahazar, if it has not so far given. Revised orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment before the District Collector. It will open to the District Collector to grant interim custody of the vehicle to the petitioner on such terms and conditions as the District Collector may deem fit to impost, if the petitioner makes a request in that regard. It will be open to the petitioner to file a written representation setting out his contentions. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab