IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 1041 of 2008(Y) ------------------------------------- PETITIONER: ------------------- SHIJO PAUL, S/O.PAUL, AGED 28 YEARS, RESIDING AT KOCHUPURAKAL THAZHATHU, KATTAPPANA P.O IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, PAINAVU P.O. IDUKKI DISTRICT. 2. THE SUB COLLECTOR, DEVIKULAM, R.D.O OFFICE, DEVIKULAM P.O., IDUKKI DISTRICT. 3. THE TAHSILDAR, UDUMBANCHOLA TALUK OFFICE, NEDUMKANDAM P.O., IDUKKI DISTRICT. 4. THE SUB INSPECTOR OF POLICE VANDANMEDU, VANDANMEDU POLICE STATION, VANDANMEDU P.O., IDUKKI DISTRICT. 5. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, IDUKKI, MINI CIVIL STATION, THODUPUZHA. 6. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT , THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1041/2008: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE MAHAZAR DTD. 28/07/2007 PREPARED BY THE R.4. EXT.P.2: COPY OF THE COVERING LETTER DTD. 28/07/2007 SENT BY THE R.4. ADDRESSED TO THE R.1. EXT.P.3: COPY OF THE REQUEST DTD. 02/08/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE PASS CASH MEMORANDUM DTD. 28/07/2007 ISSUED BY THE PETITIONER'S VEHICLE. EXT.P.5: COPY OF THE NOTICE HEARING DTD. 04/08/2007 ISSUED BY THE R.1. EXT.P.6: COPY OF THE WRITTEN STATEMENT DTD. 23/08/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE ORDER NO. 31547/2007 DTD. 18/09/2007. EXT.P.8: COPY OF THE COMMUNICATION DTD. 10/10/2007 ISSUED BY THE R.2. EXT.P.9: COPY OF THE REPORT DTD. 18/10/2007 SUBMITTED BY THE R.5. GEOLOGIST TO THE R.1. EXT.P.10: COPY OF THE ORDER NO. 31547/2007 DTD. 20/11/07. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 1041 OF 2008 Y = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T Proceedings have been initiated against the petitioner on the allegation that the tractor bearing registration No. KL-6/D-1643 was engaged in the unauthorized transportation of river sand. It is seen that on a reference made by the District Collector himself, the Geologist has given Ext. P9 report to the effect that what was transported was only ordinary sand and not river sand. However, the District Collector passed Ext. P10 finding that the petitioner's tractor was engaged in the transportation of river sand. On that basis fine has been imposed. It is challenging this order, writ petition has been filed. 2. A reading of the impugned order of the District Collector shows that the District Collector has not made any reference to Ext. P9 report submitted by the Geologist. In view of this, I must hold that Ext. P10 is passed without adverting to the relevant materials W.P.(C) No. 1041 OF 2008 -2- and for that reason Ext. P10 is to be quashed. 3. Accordingly, I quash Ext. P10 order of the District Collector and direct that the District Collector shall reconsider the matter with notice to the petitioner adverting to the materials including Ext. P9 report of the Geologist. This shall be done as expeditiously as possible, at any rate within 15 days of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-