IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36240 of 2008(L) ---------------------------------- PETITIONER: ---------------- RIYAS BABU, S/O.ABDULLAKUTTY, VALAPPURAM HOUSE, MAMPAD P.O.,NILAMBUR TALUK. BY ADV. SRI. SUNNY MATHEW RESPONDENTS: ------------------ 1. THE TAHSILDAR, NILAMBUR 2. THE DISTRICT COLLECTOR MALAPPURAM. 3. THE DEPUTY COLLECTOR (RR) NILAMBUR. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT ,TRIVANDRUM. GOVERNMENT PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, ALONG WITH WP(C).36244/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s.36240 & 36244 of 2008 -------------------- Dated this the 10th day of December, 2008 JUDGMENT Common contentions are raised in these two writ petitions. Therefore, they have been heard together and are being disposed of by a common judgment, by consent of parties. 2. Petitioner challenges Ext.P2 order passed by the District Collector, under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is pointed out that by Ext.P2 order, petitioner has been directed to remit an amount of Rs.75,000/- with an amount of Rs.25,000/- by way of fine. 3. I do not propose to undertake a detailed appraisal of contentions raised by the petitioner, on merits. The order does not reflect that the same is a product of a quasi judicial exercise of power by the District Collector. The parameters for exercise of power by the District Collector under Section 23 of the Act and Rule W.P.(C)s.36240 & 36244/2008 2 27 and 28 of the Rules have been considered by this Court in Writ petition No. 15847/2008 and Connected Cases. In my view, the issue requires reconsideration. 4. Accordingly, Ext.P2 orders in both the writ petitions are set aside. District Collector is directed to pass fresh orders, after hearing the petitioners or an authorized representative. Copy of the judgment in Writ petition No. 15847/2008 and Connected Cases shall be produced by the petitioners before the District Collector and fresh orders shall be passed within three months from the date of receipt of a copy of this judgment. Enforcement of revenue recovery proceedings shall be kept in abeyance till fresh orders are passed by the District Collector. Writ petitions are disposed of as above. V.GIRI, Judge mrcs