IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 33548 of 2008(R) --------------------------------------- PETITIONER: ------------------- RABIYA.A.C, ANERICHALIL HOUSE, PALARI.P.O, KUTTIYADI, KOZHIKODE DISTRICT. BY ADV. SRI.G.UNNIKRISHNON, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE DEPUTY COLLECTOR (GENERAL), KOZHIKODE. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33548/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPIES OF PAGES 1, 2 AND 3 OF THE CERTIFICTE OF REGISTRATION OF VEHICLE NO. KL-18 C 2476. EXT.P.2: COPY OF THE GOODS CARRIAGE PERMIT IN RESPECT OF THE VEHICLE. EXT.P.3: COPY OF THE PASS DTD. 06/09/2008 ISSUED BY THE CHANGAROTH GRAMA PANCHAYATH. EXT.P.4: COPY OF THE BILL, DTD. 06/09/2008 ISSUED BY M/S. PERFECT AUTO GARAGE. EXT.P.4.A: COPY OF THE BILL FOR PURCHASE OF PARTS, DTD. 06/09/2008. EXT.P.5: COPY OF THE PROCEEDINGS DTD. 29/09/2008 OF THE R1. EXT.P.6: COPY OF THE NOTICE DTD. 22/12/2008 ISSUED TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------- W.P.(C) NO. 33548 OF 2008 (R) ------------------------------------------------------ Dated this the 9th day of January, 2009 J U D G M E N T Challenge in the writ petition is against Exhibit P5 order passed by the first respondent under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Reading of Exhibit P5 would show that none of the contentions of the petitioner have been considered. On the other hand, accepting the whole case on the basis of the Mahazar prepared, petitioner is found to be guilty and is penalised. For non-consideration of contentions and in view of the judgment in Subramanian Vs. State of Kerala [2009 (1) KLT 77], Exhibit P5 shall stand set aside and the first respondent is directed to reconsider the matter after issuing notice to the petitioner. As a necessary consequence, Exhibit P6, issued for releasing dues under Exhibit P5, is also set aside. The writ petition is ordered accordingly. Sd/- ANTONY DOMINIC, JUDGE skr // True copy // P.A. to Judge.