IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 5816 of 2009(V) -------------------------------- PETITIONER(S): ------------------- SHAJI, S/O.SIVASANKARAN, AGED 36 YEARS, 4/376, MANIKOTH HOUSE, WEST NELLOOR, FEROKE P.O., KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 2. THE ASSISTANT COLLECTOR, KOZHIKODE DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5816 OF 2009 (V) ==================== Dated this the 6th day of March, 2009 J U D G M E N T Ext.P1 order is under challenge. By this order, the petitioner's vehicle bearing Regn.No.KL-10/ E. 4284 is found to have been used for the unauthorised transportation of river sand and on that basis, petitioner is ordered to remit a fine of Rs.25,000/- and value of Rs.75,000/- to the River Management Fund. It is challenging this order, the writ petition is filed. 2. The main contention that is raised before me is that the enquiry that preceded Ext.P1 was conducted by the Assistant Collector and not by the District Collector, who passed Ext.P1. 3. On instructions, the correctness of this submission is confirmed by the learned Government Pleader. 4. Since the statutory authority to deal with the issue is the District Collector, any enquiry that is necessary has to be conducted by that authority himself. 5. In this case, since it is not the District Collector who conducted the enquiry that led to Ext.P1, Ext.P1 is vitiated and for that reason this order will stand set aside. WPC 5816/09 :2 : Therefore, the writ petition is disposed of directing the 1st respondent to conduct enquiry and pass orders with notice to the petitioner. ANTONY DOMINIC, JUDGE Rp