IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 37862 of 2008(G) --------------------------------------- PETITIONER(S): -------------------- SHEREEF, S/O. MOYIN, THUVAKKUTH, MUNDENGARA, EDAVANNA VILLAGE, MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK, MANJERI. 3. P.K. JAYASANKAR, VILLAGE OFFICER, NARUKARA. GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37862/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE MAHAZAR DT 29.5.2008 PREPARED BY THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT ON 8.7.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 37862 OF 2008 (G) ==================== Dated this the 14th day of January, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P2, an order passed by the 1st respondent exercising his powers under Protection of River Banks and Regulation of Removal of Sand Act. The vehicle in question is a light goods carriage bearing Regn.No.KL-08 S 574. In Ext.P2, it has been found that the vehicle was used for the unauthorised transportation of river sand and on that basis, petitioner has been called upon to remit Rs.10,000/- towards the value of the vehicle and Rs.25,000/- towards the river management fund. 2. A reading of Ext.P2 shows that the District Collector was totally guided by the mahazar prepared at the time of seizure and has not dealt with the case of the petitioner in any manner. Therefore, Ext.P2 is a one sided order passed without any consideration of the contentions that are raised. For that reason, I set aside Ext.P2 and direct that the 1st respondent shall consider the matter with notice to the petitioner. 3. Petitioner submits that in pursuance to the interim order dated 19/12/2008, he has already deposited Rs.10,000/- towards the value mentioned in Ext.P2 order. Taking into account such remittance made by WPC 37862/08 :2 : the petitioner, it is directed that the vehicle referred to above shall be released to the petitioner on an interim basis and it will be open to the respondents to take further proceedings, if the same is found to be necessary on the passing of the revised order. Petitioner may produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp