IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 3498 of 2008(N) ------------------------- PETITIONER: ------------ MUHAMMED K., S/O. AVARANKOYA, DHARUSSALAM, KANNANPARAMBATH, FAROOK COLLEGE PO., KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: ------------- 1. VILLAGE OFFICER, VAZHAKKADU VILLAGE, MALAPPURAM DISTRICT. 2. THE SECRETARY, VAZHAYOOR GRAMA PANCHAYATH, MALAPPURAM. 3. THE PRESIDENT, VAZHAYOOR GRAMA PANCHAYATH, MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GP. SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C)No.3498 OF 2008 ----------------------------- DATED THIS THE 19TH DAY OF FEBRUARY, 2008 J U D G M E N T Petitioner complains that river sand unloaded in his premises for use in the construction of a residential house was seized by the respondents without any justification. According to the petitioner, the respondents have illegally seized the river sand alleging that the petitioner did not possess valid pass for the same. 2. The learned Government Pleader on instructions submits that at the time when the seizure was effected, 40 loads of river sand were available and that the petitioner had no document justifying such a huge stock. According to the learned Government Pleader, the river sand was stored without any authority of law. 3. It is evident that the respondents have initiated proceedings against the petitioner, seizing the river sand that was available at his premises. However, before any order confiscating the same is passed, the petitioner has to be put on notice and he should also be heard. This admittedly has not been done in this matter. The petitioner also points out that he has finally approached the 4th respondent by filing Exhibit P3 representation in this regard. W.P.(C)No.3498/08 2 4. Taking into account the submissions, I dispose of the writ petition directing that the 3rd respondent shall take up Exhibit P3, issue notice to the petitioner, hear him thereafter and pass final orders thereon. Until orders are passed as above, any action for the disposal of the river sand that was seized from the petitioner's premise on 8.1.2008 will stand deferred. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment to the 4th respondent for compliance. ANTONY DOMINIC, JUDGE. dsn