IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 W.P.(C).No. 2686 of 2008(T) ---------------------------------- PETITIONER: -------------- PRADEEP, AGED 29 YEARS, S/O.CHANDRAN, AYINIPPULLIL HOUSE, CHANDRAPPADY P.O., PONNANI 679 577, MALAPPURAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: ----------------- 1. PONNANI MUNICIPALITY, PONNANI 679577, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, MALAPPURAM - 679505, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, PONNANI, MALAPPURAM DISTRICT-679577. 4. THE SUB-INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM DISTRICT. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO.2686 OF 2008 T ===================== Dated this the 28th day of January, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P7 order passed by the District Collector in exercise of his powers under Protection of River Banks and Regulation of Removal of Sand Rules. By this order, it is found that the truck belonging to the petitioner was engaged in the unauthorised transportation of river sand and on that basis, it is ordered that petitioner shall remit a total amount of Rs.1 lakh. The finding against the petitioner has been arrived at on the basis that misusing the pass that was issued, petitioner has transported much more than what was authorised to be transported. Basis of such conclusion is that in terms of the pass, truck ought to have left the kadavu at 9 o' clock, to a place that is accessible in half an hour and that the truck was seized after 2½ hours in a fully loaded condition. WPC 2686/08 :2 : 2. Counsel for the petitioner submits that in Ext.P6 representation filed before the District Collector, they have pleaded that the truck had broken down en route and it was after repairs that the truck could leave and that it was while so that the truck was seized. Along with Ext.P6, a workshop bill was also attached. 3. However, none of these have been considered by the District Collector in Ext.P7 order passed by him. If that be so, Ext.P7 has to be held as one passed without adverting to the contentions raised. For that reason, Ext.P7 deserves to be set aside and I do so. Therefore, the writ petition is disposed of quashing Ext.P7 and directing that the matter shall be reconsidered by the 2nd respondent with notice to the petitioner, as expeditiously as possible, at any rate within ten days of production of a copy of this judgment ANTONY DOMINIC, JUDGE. Rp