IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 15468 of 2008(N) -------------------------- PETITIONER: ------------ SHIJO PAUL, S/O.PAUL, AGED 28 YEARS, RESIDING AT KOCHUPURAKAL THAZHATHU, KATTAPPANA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, PAINAVU P.O., IDUKKI DISTRICT. 2. THE SUB COLLECTOR DEVIKULAM, R.D.O.OFFICE, DEVIKULAM P.O., IDUKKI DISTRICT. 3. THE TAHSILDAR, UDUMBANCHOLA, TALUK OFFICE, NEDUMKANDAM P.O., IDUKKI DISTRICT. 4. THE SUB INSPECTOR OF POLICE, VANDANMEDU, VANDANMEDU POLICE STATION, VANDANMEDU P.O., IDUKKI DISTRICT. 5. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, IDUKKI, MINI CIVIL STATION, THODUPUZHA. 6. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.15468 of 2008 ================== Dated this the 18th day of June, 2008 J U D G M E N T The petitioner is approaching this Court for the same relief second time by this writ petition. The petitioner's vehicle was seized on allegations of transportation of river sand. Pursuant to such seizure, the District Collector earlier passed Ext.P10 final order. By Ext.P11 judgment this Court quashed that order on the ground that Ext.P10 was passed without adverting to the relevant materials. The District Collector was directed to consider the matter with notice to the petitioner adverting to the materials including Ext.P9 report of the Geologist. Now Ext.P12 order has been passed again without adverting to any of the documents submitted by the petitioner not even Ext.P9 report referred to in Ext.P11 judgment. This conduct of the District Collector is unacceptable. In fact it borders on contempt, in so far as he has not complied with the specific direction in Ext.P11 judgment to advert to the materials including Ext.P9 report of the Geologist while passing fresh order. That being so, I was inclined to award w.p.c.15468/08 2 costs to be paid by the District Collector personally. However, taking a lenient view, I refrain from doing so. In so far as Ext.P12 has been passed without complying with the specific direction in Ext.P11 judgment it is liable to be quashed. I do so. The District Collector shall pass fresh orders after considering each and every document submitted by the petitioner and giving reasons as to why those documents do not support the case of the petitioner, as also the report of the Geologist referred to in Ext.P11 judgment. This shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment. In the meanwhile, the bond executed by the petitioner for release of the vehicle as per order dated 26.5.2008 shall continue to be in force. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.15468/08 3