IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 22731 of 2008(F) -------------------------- PETITIONERS: ----------------- 1. SAIDALAVI, S/O.KUNHIMOHAMMED, THOTTUNGAPARAMBIL HOUSE, CHAMRAVATTOM POST, TIRUR, MALAPPURAM DISTRICT. 2. SHOUKATHALI, S/O.ASEES, THOTTUNGAL PARAMBIL HOUSE, CHAMRAVATTOM POST, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, TIRUR, TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. -------------------------------------- W.P.(C)No. 22731 OF 2008 ---------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT The petitioners' vehicles have been seized on allegations of illegal transport of river sand. The contention of the petitioners is that the vehicles were used for transporting dried coconut shells and koppara. However, as per Ext.P4 seizure mahazar, it is stated that while the petitioners were transporting river sand, they were apprehended and they fled depositing the sand in the river and the nearby houses and thereafter, the vehicles were filled up with coconut shells. The petitioners submit that the same is totally incorrect and not in conformity with the real situation. The petitioners therefore, seek release of the seized vehicles. 2. The learned Government Pleader disputes the contentions and supports the seizure. 3. I am of opinion that in view of the disputed facts, it is only appropriate that the District Collector passes final orders in the matter, after taking into account the contentions of the W.P.(c)No.22731/08 2 petitioners as also the evidence to be produced by them. Accordingly, the writ petition is disposed of with the following directions: The 1st respondent shall pass final orders in the matter within a period of seven days from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. The petitioners shall personally serve a certified copy of this judgment before the 1st respondent, who shall either hear the petitioners on that date or fix another date for hearing, within seven days, on which date the petitioners shall be heard. The petitioners shall be allowed to produce documents and evidence in support of their case. The District Collector shall pass a reasoned order specifically dealing with the contentions and evidence of the petitioners in support of the same, within the above said seven days. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22731/08 3