IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 W.P(C).No. 6643 of 2008(N) --------------------------------- PETITIONER: -------------- KOLAKKADAN NOUSHAD, S/O. MOOSA HAJI, AGED 33 YEARS, KOLAKKADAN HOUSE, CHERUVADI P.O., MAVOOR VIA., MALAPPURAM DIST. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: ----------------- 1. KEEZHUPARAMBA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KEEZHUPARAMBA, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE TAHSILDAR, ERNAD TALUK, KEEZHUPARAMBA, MALAPPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6643 OF 2008 N ==================== Dated this the 12th day of March, 2008 J U D G M E N T In this writ petition, the challenge is against Ext.P4, an order passed by the 2nd respondent exercising his power under Rule 27 of the Protection of River Banks and Regulation of Removal of Sand Rules, 2002. By Ext.P4, it has been found by the 2nd respondent that the lorry mentioned therein was engaged in the unauthorised transportation of river sand and on that basis value and fine is directed to be remitted. 2. It is the specific contention of the petitioner that on the day when the matter was posted for hearing, 2nd respondent was not available in the office and that it was a clerk in his office who heard the petitioner. The order also does not in clear terms states that the 2nd respondent himself heard the petitioner. 3. If as a matter of fact the hearing has been held by a clerk of the 2nd respondent, it is a case of abdication of statutory WPC 6643/08 :2 : duties. If the statute confers power on the 2nd respondent, it is for the 2nd respondent to exercise the same and he should not have taken it so lightly to have it delegated to a clerk in his office. I am satisfied that for that reason itself, Ext.P4 deserves to be set aside and I do so. 4. I direct that within ten days of production of a copy of this judgment, the 2nd respondent shall reconsider the matter by himself and after hearing the petitioner pass fresh orders thereon. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp