IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 13269 of 2009(C) -------------------------- PETITIONER(S): ----------------- MUHAMMED, S/O.KOYAKUTTY, AGED 58 YEARS, KANNANKULATHIL HOUSE, PANTHEERANKAVU, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE TAHSILDAR, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).13269 of 2009 --------------------------- Dated this the 27th day of May, 2009 JUDGMENT The vehicle belonging to the petitioner was seized alleging unauthorised transportation of river sand. Subsequently, an order Ext.P1 has been passed requiring the petitioner to remit an amount of Rs.50,000/- towards the value of the vehicle and also an amount of Rs.25,000/- as fine. This has been challenged in the writ petition. 2. The files leading to Ext.P1 have been produced and I have gone through the same. 3. I find that the petitioner has not been heard at all, nor was the petitioner granted an opportunity of preferring objections, prior to the passing of Ext.P1 order. 4. In the result, Ext.P1 is set aside. The District Collector is directed to pass fresh orders in the matter of release of the vehicle belonging to the petitioner under Section 23 of the Kerala Protection of River Banks (Protection W.P.(C).13269 of 2009 :: 2 :: and Regulation of removal of sand) Act, 2002 r/w Rules 27 and 28 of Kerala Protection of River Banks and Regulation of Removal of Sand Rules 2002, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. In the meanwhile, if an application for interim custody is filed, the District Collector shall pass orders within three months from today, in the light of the observations in Subramanian v. State of Kerala {2009(1) KLT 77}. I make it clear that I have not considered the merits of the contentions raised by the petitioner and it is open to the District Collector to consider the same and pass appropriate orders, in accordance with law. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge