IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 34282 of 2009(E) ---------------------------------------- PETITIONER(S): ----------------------- RENJITH KANNAN. R., AGED 22 YEARS, S/O. RAJENDRAN, 48, KOMBAI ROAD, CUMBUM.P.O. UTHAMAPALAYAM TALUK, THENI DISTRICT, TAMIL NADU. BY ADV. MR.JOBI JOSE KONDODY RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, CUMBUMMETTU.P.O., IDUKKI DISTRICT. 4. THE DISTRICT COLLECTOR, COLLECTORATE KOTTAYAM. 5. THE SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY.P.O. KOTTAYAM DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34282/2009-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NO.TN.20.AB.1974. EXT.P2: COPY OF THE 'P' FORM ISSUED BY THE PWD DEPARTMENT OF TAMIL NADU FOR TRANSPORTING THE LORRY LOAD OF SAND FROM MANIMUTTAR TO CUMBUM ISSUED TO THE PETITIONER'S VEHICLE. EXT.P3: COPY OF THE COUNTER FOIL OF THE GOODS VEHICLE RECORD DATED 10/10/2009 SHOWING THE TRANSPORTATION OF SAND FROM CUMBUM TO ADOOR. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 13/11/2009. EXT.P5: COPY OF THE ARGUMENT NOTES SUBMITTED BY THE COUNSEL FOR THE PETITIONER BEFORE THE DEPUTY COLLECTOR (RR) DATED 28/10/2009. EXT.P6: COPY OF THE FINAL ADJUDICATION ORDER DATED 23/11/2009 PASSED BY THE 4TH RESPONDENT VIDE NO.E10-(2)-50424/09. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34282/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P6 order passed by the District Collector whereby the vehicle bearing registration No.TN-20-AB-1974 is ordered to be confiscated for violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act [Act 18 of 2001]. As per the order, the vehicle is ordered to be released on deposit of Rs.5.25 lakhs. 2. Various grounds have been raised in the writ petition challenging Ext.P6. The learned counsel for the petitioner contended that while passing Ext.P6, the District Collector has not heard the petitioner. It is submitted by the learned counsel for the petitioner that the endorsement in Ext.P6 shows that the order is passed by the Deputy Collector (L.R) even though, the Deputy Collector (R.R) had heard the matter. Regarding this aspect, what is revealed from the counter affidavit is that due to official urgency the District Collector authorised the Deputy Collector (R.R) to conduct the hearing and the District Collector issued the final order after perusal of the records and statement filed at the time of hearing. It is evident therefore, that the person who heard the matter W.P.(C). No.34282/2009 -:2:- has not passed the order. The provisions of the Act empowers the District Collector to hear the petitioner and take appropriate decision in the matter. In that view of the matter, Ext.P6 order cannot be sustained and the same is quashed. 3. The learned counsel for the petitioner submitted that even while passing Ext.P6 none of the relevant documents produced by the petitioner have been considered. It will be open to the petitioner to raise all the contentions before the District Collector. The petitioner further submits that the provisions of the Act does not itself apply in the light of the fact that the sand is transported from Tamil Nadu and as there are various Government Orders which provide for such transport of sand. If the petitioner wants to produce those materials, the same will be produced before the District Collector before the hearing is conducted. Appropriate orders will be passed after hearing the petitioner within three weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms