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. 278 of 2009(G) ----------------------------------- PETITIONER(S): ------------------- MOHAMMEDALI, AGED 36 YEARS, S/O.IBRAHIM, KARATTIL HOUSE, KOITHUR P.O., PERINTALMANNA, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE KOLATHUR. ADDL.R3. THE DISTRICT COLLECTOR,MALAPPURAM (ADDL.R3 IS IMPLEADED AS PER ORDER IN IA NO.363/09 DT 14/1/2009) GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION N 14/01/2009, ALONG WITH WPC NO. 287 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 278 & 287 OF 2009 ==================== Dated this the 14th day of January, 2009 J U D G M E N T Ext.P1 in WP(C) No.278/09 and Ext.P3 in WP(C) No.287/09 passed by the District Collector are under challenge. 2. Petitioners are the registered owners of the vehicles bearing Regn.Nos.KL-53/4310 and KL-10/Q 301. By Exts. P1 and P3 referred to above, the District Collector has found that these vehicles have been used for the unauthorised transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Rules and on that basis the petitioners have been called upon to remit the value of the vehicles. It is challenging these orders the writ petitions are filed. 3. A reading of the above orders show that the District Collector has gone only by the mahazars that were prepared at the time of seizure and none of the contentions raised by the owners of these vehicles have been dealt with. In view of this, I must conclude that these orders are passed without due application of mind and for that reason, I am constrained to set aside the orders. 4. Accordingly, Ext.P1 in WP(C) No.278/09 and Ext.P3 in WP(C) WPC 278 & 287/09 :2 : No.287/09 will stand set aside. The District Collector is directed to reconsider the matter with notice to the petitioners adverting to the contentions in the light of the judgment reported in Subramanian v. State of Kerala (2009(1) KLT 77). Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp