IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 20536 of 2009(J) -------------------------- PETITIONER: --------------- BINU, S/O.MANI, AGED 30 YEARS, MATHAMPARAMBIL HOUSE, BUSINESS, KODANAD P.O., KODANAD VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-01-4771). BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20536 of 2009 -------------------------- Dated this the 4th August,2009 J U D G M E N T Petitioner is a registered owner of a vehicle bearing Reg.No.KL-01-4771. The said vehicle was seized on 30.5.2009 by the 2nd respondent when it was found transporting river sand without valid permit. The District Collector thereafter passed final orders under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002, as per Ext.P4. Ext.P4 is challenged in the writ petition. 2. I find force in the submission made by the learned counsel for the petitioner that there is no consideration of any other relevant aspect. This Court has observed that exercise of power under under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 is quasi judicial and reasons should be derived from a reading of the order itself. That requirement does not seem to be satisfied in the present case. W.P ( C) No.20536 of 2009 2 3. Heard learned Government Pleader also. 4. Ext.P4 is therefore quashed and the 1st respondent is directed to pass a fresh order, as already directed in Ext.P3, within three months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioner deposits an amount of Rs.25,000/- and undertakes not to alienate or encumber the vehicle in question, the vehicle bearing Reg.No.KL-01-4771 shall be released to the petitioner subject to final orders to be passed by the District Collector. The petitioner shall not use the vehicle for transportation of sand till final orders are passed by the District Collector. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.20536 of 2009 3 W.P ( C) No.20536 of 2009 4