IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34450 of 2008(A) -------------------------- PETITIONER(S): --------------- FEMILA, AGED 25,D/O.JANAKI, ARUN VIHAR, KACHERI WARD, NAZHUTHOOR, NEYYATTINKARA P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34450/2008 -------------------- Dated this the 21st day of November, 2008 JUDGMENT Petitioner challenges Ext.P2 order passed by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. I am not inclined to consider the contentions of the petitioner on merits as regards the correctness of Ext.P2 order in circumstances where it seems to be clear that the petitioner was not heard before such order was passed. In the result, writ petition is disposed of setting aside Ext.P2 and directing the District Collector to pass fresh orders under Section 23 of the Act read with Rule 27 and 28 of the Rules, after hearing the petitioner or an authorized representative, within two weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs