IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34672 of 2008(C) -------------------------- PETITIONER(S): --------------- GAFOOR ALI, S/O.MUHAMMED, PANACHIKULANGARA HOUSE, NEELESWARAM AMSOM DESOM, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 3. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE. 4. AREECODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AREECODE, KOZHIKODE. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, ALONG WITH W.P.(C). 34690/08 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s. 34672, 34690, 34732 & 34733 of 2008 -------------------- Dated this the 25th day of November, 2008 JUDGMENT The substantial challenge regarding the constitutionality of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and Rules 27 and 28 of the Rules, have been dealt with by me in W.P.(C).15847/2008 and Connected Cases. 2. There is also a challenge against Ext.P2 order passed by the District Collector directing payment of Rs.25,000/- and also the value of the vehicle of Rs.2,00,000/-. I have considered the nature of power exercised by the District Collector under Section 23 of the Act and Rules 27 and 28 of the Rules. I have held that the power is quasi-judicial in character, and similar to the power exercised by the Court of law dealing with the confiscation proceedings. 3. Having perused the orders of challenge and W.P.(C).34672/2008 and Connected Cases 2 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.P2 order shall stand quashed. District Collector shall pass fresh orders on the applications filed by the petitioners for release of the vehicles after hearing them 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 four weeks 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. Writ petitions are disposed of as above. V.GIRI, Judge mrcs