IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18216 of 2010(B) --------------------------------------- PETITIONER: ------------------- M.K.THOMAS, S/O.KURIAN, AGED 52 YEARS, MUKKATH HOUSE, MITHRKARI MURI, MUTTAR VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 3. THE TAHSILDAR, KUTTANADU TALUK, ALAPPUZHA DISTRICT. 4. SUB INSPECTOR OF POLICE, RAMANKARI POLICE STATION, KUTTANADU TALUK, ALAPPUZHA DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.18216 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2010 J U D G M E N T The petitioner has filed this writ petition challenging Ext.P3 order of the District Collector, Alappuzha, in which the petitioner has been directed to pay an amount of Rs.6,17,000/- after deducting an amount of Rs.25,000/- already deposited which is to be paid to the River Management Fund on account of user of the vehicle for illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 & Rules. On a reading of Ext.P3, I find that, it was preceded by an earlier order dated 05.04.2010. The petitioner categorically asserted that the petitioner has not received any such order. Therefore, I directed the learned Government Pleader to make available a copy of the order. Today the learned Government Pleader has produced the file relating to the same. In the file there is an order dated W.P.(C)No.18216 of 2010 -2- 05.04.2010 which is the final order passed finding the petitioner guilty of illegal transportation of river sand and directing him to pay the value of the vehicle towards the River Management Fund. The learned Government Pleader would submit that, that order was despatched to the petitioner on 28.04.2010. But he candidly admits that there is no acknowledgment by the petitioner of having received the same. In view of the above circumstances, the learned Government Pleader submits that, the District Collector would now serve a copy of the order dated 05.04.2010 on the petitioner under acknowledgment and until a reasonable time is given to the petitioner to challenge the same after receipt of the same, no further proceedings would be initiated against the petitioner in respect thereof. Accordingly recording the above submission, this writ petition is disposed of without prejudice to the right of the petitioner to challenge the order dated 05.04.2010 after receipt of the same appropriately. In order to enable him to do so, I direct that further coercive proceedings in the W.P.(C)No.18216 of 2010 -3- matter shall be kept in abeyance for a period of two weeks from the date of service of the order dated 05.04.2010 on the petitioner. S. SIRI JAGAN JUDGE shg/