IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 15102 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------ AWVAB RAHMAN, AGED 37 YEARS, S/O.MOHIUDDEEN, KADAMBOTTU HOUSE, P.O.ERIYAD, KODUNGALLOOR, THRISSUR DISTRICT. BY ADV.MR.A.RANJITH NARAYANAN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, REP. BY GOVT. PLEADER/PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MATHILAKAM, REP. BY GOVT. PLEADER/PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15102/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RC. P2: COPY OF DRIVING LICENCE. P3: COPY OF CASH MEMORANDUM DTD. 21/03/2009. P4: COPY OF ORDER IN WPC.NO.12700/2009 DTD. 24/03/2009. P5: COPY OF ORDER DTD. 20/05/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.15102 of 2009 ---------------------------------------- Dated this the 13th day of July, 2009. JUDGMENT I do not propose to undertake a detailed appraisal of the contentions of the petitioner in circumstances where, I am satisfied that the matter requires a fresh consideration by the District Collector. 2. The vehicle belonging to the petitioner, bearing registration No.KL-18/C 157, was seized on 21.3.2009 by the 2nd respondent alleging unauthorised transportation of river sand. A crime was registered against the petitioner. The petitioner moved the District Collector for release of the vehicle on interim custody. This was not done and by Ext.P4 judgment, the District Collector was directed to pass an order, after hearing the petitioner. The District Collector W.P.(C).No.15102 of 2009 :: 2 :: then passed Ext.P5 order directing the petitioner to remit an amount of Rs.2,35,900/- towards River Management Fund. The said order has been challenged in this writ petition. Other contentions have been taken up in the writ petition, but primary among them is that the petitioner was not heard personally before passing the order. 3. I have perused the hearing notice issued on 13.5.2009. There is no material to clearly show that the petitioner was served with such hearing notice. The order, Ext.P5 also does not reveal consideration by the District Collector as to whether the consignment in question was supported by a pass. According to the petitioner, it was supported by a pass. 4. In these circumstances, the issue should be considered afresh by the District W.P.(C).No.15102 of 2009 :: 3 :: Collector. Accordingly, Ext.P5 is quashed. The District Collector shall, after hearing the petitioner and after referring to the contention that the consignment in question was accompanied by a pass, pass a fresh order within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//