IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 347 of 2008(N) ----------------------------- PETITIONER: -------------- A.G.DANESH, S/O.APPUKUTTAN, AGED 27 YEARS, 'GIRIJA SADAN', K.S.MANGALAM, VAIKKOM, KOTTAYAM. BY MR.SUNNY MATHEW, ADVOCATE. RESPONDENTS: ------------------ 1. THE SUB INSPECTOR OF POLICE, TRIPUNITHURA. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE MINERAL REVENUE INSPECTOR, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY MR. M.A. ASIF, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.347/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE REGISTRATION CERTIFICATE OF the PETITIONER'S VEHICLE BEARING REGISTRATION No.KL-36/4162. EXT. P2 : COPY OF the PASS HAVING SERIAL No.401, ISSUED BY THE 3RD RESPONDENT. EXT. P3 : COPY OF the PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P4 : COPY OF THE ORDER DTD. 26.12.2007 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.347 of 2008 --------------------------------- Dated, this the 6th day of February, 2009 J U D G M E N T Ext.P4 order is under challenge. This order is passed by the 2nd respondent in exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In the order, the 2nd respondent has found that the vehicle bearing Regn.No.KL-36/4162 was engaged in unauthorised transportation of river sand. This finding has been arrived at only on the basis of the mahazar, which was prepared at the time of seizure. 2. In my view, the 2nd respondent has not properly appreciated the rival claims and the adjudication is therefore defective. Therefore, I quash Ext.P4 and direct the 2nd respondent to consider the matter afresh and pass orders with notice to the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg