IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 13348 of 2009(K) -------------------------- PETITIONER(S): --------------- SUBRAMONIAN,S/O.KUTTIYATTIL KESAVAN, KOTTAL DESAM,KARIKKAD VILLAGE,THALAPPILLY TALUK. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE REVENUE SECRETARY,THIRUVANANTHAPURAM. 2. THE SECRETARY,KUTTIPPURAM GRAMA PANCHAYATH. 3. THE TAHSILDAR,PONNANI. 4. THE DISTRICT COLLECTOR,MALAPPURAM. BY GP SRI.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13348 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE RC OF THE TIPPER BEARING REGN.NO.KL- 5B/2356 EXT.P2- TRUE COPY OFO THE AGREEMENT OF PURCHASE OF THE TIPPER BY THE PETITIONER DATED 6.10.08 EXT.P3- TRUE COPY OF THE P.FORM - TRANSIT PASS ISSUED BY SECRETARY, KUTTIPPURAM PANCHAYATH DATED 25.2.09 EXT.P4- TRUE COPY OF THE SEIZURE MAHAZAR OF THE 3RD RESPONDENT DATED 25.2.09 EXT.P5- TRUE COPY OF THE NOTICE OF HEARING ISSUED BY THE 4TH RESPONDENT DATED 27.3.09 EXT.P6- TRUE COPY OF THE IMPUGNED PROCEEDINGS OFO THE 4TH RESPONDENT DATED 23.4.09 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).13348/2009 -------------------- Dated this the 16th day of June, 2009 JUDGMENT A tipper lorry bearing registration No.KL-5B 2356 stated to be belonging to the petitioner, but shown as belonging to one J.Shijo as registered owner, was seized while it was transporting sand from Cherappady to Kolikkara. According to the petitioner, transportation was accompanied by a valid pass in that regard. Matter was sought to be finally adjudicated by the District Collector who convened a hearing on 4.4.2009. According to the petitioner, notice of hearing, Ext.P5, was received only on 9.4.2009. Therefore, a hearing was conducted without notice to the petitioner and final order Ext.P6 was passed, requiring the petitioner to pay an amount of Rs.60,000/- towards the value of the vehicle. Said order has been challenged in this writ petition. Several grounds have been taken. W.P.(C).13348/2009 2 2. Counter affidavit has been filed by the respondents. There is no specific denial of the contentions of the petitioner that the petitioner received a notice of hearing only after hearing itself was conducted. In the circumstances, matter requires reconsideration at the hands of the District Collector. 3. Accordingly, Ext.P6 is set aside. District Collector shall pass fresh orders under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, after notice to the petitioner, within three weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the judgment along with his written objections against seizure as early as possible. V.GIRI, Judge mrcs