IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 37119 of 2007(R) -------------------------- PETITIONER: ------------ MOHAMMED K., AGED 38, S/O. ABDURAHIMAN, KODOKKODAN HOUSE, CHEBRAMMAL, POOVATHIKKAL, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. DEPUTY TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, AREACODE, MALAPPURAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 37119 OF 2007 R = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T The complaint raised in this writ petition is against Ext. P2, an order passed by the 1st respondent exercising his power under Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. The allegation is that the same is passed in violation of the principles of natural justice. According to the petitioner, before passing Ext. P2, he was not given any notice and hence was denied an opportunity to make his representations in the matter. Ext. P2 does not disclose that such an opportunity has been given and therefore Ext.P2 was passed in violation of the principles of natural justice. 2. Hence quashing Ext. P2, I direct that the 1st respondent shall re-consider the matter with notice to the petitioner and pass fresh orders as expeditiously as possible, at any rate within 10 days of production of a copy of this judgment. W.P.(C) No. 37119 OF 2007 -2- In the meantime, if the petitioner furnishes bank guarantee for the amount that is ordered to be deposited by the petitioner in Ext. P2, the vehicle will be released to him on temporary custody. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-