IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WA.No. 1473 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12129/2009 Dated 08/04/2009 .................... APPELLANT(S): PETITIONER ----------------------------------------- HAMEED POOLAVEETTIL @ SHAHUL HAMEED, S/O.SAITHUMUHAMMED, POOLAVEETTIL HOUSE, KOZHIKKATTUKUNNU, KARUVAMBRAM, MANJERI. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE VILLAGE OFFICER, MANJERI. GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2009, ALONG WITH W.A.1476/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.1473 & 1476 of 2009 ---------------------------------------------- Dated 29th July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner in W.P.(C) Nos.12094 and 12129 of 2009. He approached this court aggrieved by the steps taken by the District Collector for seizure of the vehicle for the alleged violation of the provisions regarding the transportation of sand under the Protection of River Banks and Regulation of Removal of Sand Act, 2001. The learned Single Judge dismissed the writ petitions upholding the orders passed by the District Collector. When the Writ Appeals came up before us, we directed the learned Government Pleader to get instruction and file a statement. It is seen from the statements that the impugned orders were passed since the petitioner could not produce any materials for substantiating his contentions. Faced with such a situation, counsel for the writ petitioner seeks another opportunity to approach the District Collector. In the peculiar facts and circumstances of the case, we feel it is only appropriate that an opportunity is given to the appellant/ petitioner to produce the required materials before the District Collector. W.A. Nos.1473 & 1476 of 2009 2 Therefore, we dispose of these writ appeals making it clear that the judgments under appeal will not stand in the way of the appellant approaching the District Collector with whatever materials available with him, for reconsideration of the orders already passed. We make it clear that it will be open to the District Collector to consider the materials produced by the appellant. Appropriate orders in accordance with law with notice to the petitioner shall be passed within a period of two months from the date of receipt of the representation. The Writ Appeals are disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.1473 & 1476 of 2009 ---------------------------------------------- J U D G M E N T Dated 29th July, 2009.