IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 16314 of 2008(P) -------------------------- PETITIONER: ------------ MUHAMMED RAFEEQUE S/O.AHAMMED, AGED 25 YEARS, PUTHALATHU HOUSE KODAMBUZHA, P.O. FAROKE COLLEGE, KARINKALLAI AMSOM,. VALIPRAM DESOM,KOZHIKODE TALUK BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: ------------- THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16314 of 2008 ================== Dated this the 10th day of June, 2008 J U D G M E N T The petitioner's vehicle was seized on allegations of illegal transport of river sand. Pursuant to the seizure, Ext.P1 order has been passed by the District Collector. The petitioner is challenging that order, inter alia, on the ground that before passing Ext.P1 the petitioner was not heard. The learned Government Pleader, on instructions, submits that the petitioner was not heard before passing Ext.P1 order. Therefore, Ext.P1 order has been passed in violation of the principles of natural justice. Accordingly, Ext.P1 is quashed. The respondent is directed to pass fresh orders after affording an opportunity of being heard to the petitioner, which shall include opportunity to adduce evidence also. While passing fresh orders, the respondent shall consider the evidence to be produced by the petitioner and the order on the face of it shall appear that the evidence produced by the petitioner has been duly considered and while passing orders, the same also has been taken into account. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2