IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36794 of 2008(E) -------------------------- PETITIONER(S): --------------- ABDUL JALEEL S/O.AHAMMED, PERUVANKUZHIYIL HOUSE, VALAKKULAM, VENNIYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR MALAPPURAM 2. THE TAHSILDAR, THIROORANGADI, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE VENGARA POLICE STATION, MALAPPURAM DISTRICT. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).36794/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioner challenges Ext.P1 order passed by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, consignment was authorized by a pass and this aspect has not been considered by the District Collector. 2. According to the petitioner, it was transported earlier on the strength of a pass and the vehicle was going from one site to another. The order as such does not satisfy the requirements as laid down by this Court in W.P.(C).15847/2008 and Connected Cases, wherein it has been held that the power exercised by the District Collector is quasi-judicial in character and similar to the power exercised by a Court of law dealing with confiscation proceedings. There has to be an application of mind on the part of the District Collector consistent with the fact that the power being exercised by the Collector is quasi-judicial. W.P.(C).36794/2008 2 3. Having heard learned Government Pleader also, I am of the view, that a reconsideration of the issue is necessary at the hands of the District Collector. He shall also take note of the directions issued by this Court in the aforementioned batch of cases. 4. In the result, Ext.P1 is set aside. District Collector shall pass fresh orders on the application filed by the petitioner for release of the vehicle bearing registration No.KL-10F/4415, after hearing the petitioner and after taking note of the guidelines issued in this behalf in the judgment in Writ Petition No.15847/2008 and Connected Cases. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment, along with the certified copy of the judgment in Writ petition No.15847/2008 and Connected Cases. 5. If the petitioner files an application for interim custody of the vehicle, same shall also be dealt with, W.P.(C).36794/2008 3 within the time frame mentioned in the aforesaid judgment and orders shall be passed thereon. Writ petition is disposed of as above. V.GIRI, Judge mrcs