IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 16950 of 2010(P) -------------------------- PETITIONER(S): --------------- MOHAMMED RAFEEQ,S/O.MUSTAFA,25 YEARS, MADEENA MANZIL, GANESHGIFI POST,SHORNUR, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, AYYANTHOLE,THRISSUR. 2. S.H.O.CHERUTHURUTHY POLICE STATION. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 16950 of 2010 ================== Dated this the 1st day of July , 2010 J U D G M E N T The petitioner challenges Ext.P2 order passed by the District Collector, Thrissur, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, directing the petitioner to pay an amount of Rs.2,20,000/- being the value of a vehicle towards river management fund on a finding that the said vehicle was used for illegal transportation of river sand in violation of the Act and Rues. Among the contentions raised, one is that the petitioner was not afforded an opportunity of being heard before passing Ext.P2 order and the petitioner was not served with a copy of that order. 2. Admittedly, the petitioner was not given a notice in the matter. Although the learned Government Pleader would contend that the District Collector is only bound to hear the person in possession of the vehicle and the driver who was in possession of the vehicle was given a notice of the hearing, in respect of that also, the learned Government Pleader could not produce any proof. 3. Taking into account the facts and circumstances of the case, I feel that the District Collector should pass fresh orders after affording the petitioner an opportunity of being heard. Accordingly, Ext.P2 is quashed for that purpose. The petitioner shall appear before w.p.c.16950/10 2 the District Collector on 12.7.010. Either on that day or an adjourned day within one week therefrom, the District Collector shall hear the petitioner and pass fresh orders within another week of the hearing. The petitioner may appear before the District Collector by himself or through counsel. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge