IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2705 of 2009(V) ------------------------------------ PETITIONER(S): -------------------- NABEESA, W/O.MAMMU, KALAKAPPARA HOUSE, P.O.KOLATHUR, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. S.I.OF POLICE KOLATHUR, MALAPPURAM DIST. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009,HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2705 OF 2009 (V) ==================== Dated this the 27th day of January, 2009 J U D G M E N T Petitioner challenges Ext.P2 order passed by the 1st respondent exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 2. In Ext.P2, the 1st respondent has concluded that the mini lorry bearing Regn.No.KL-03/B 3684 was involved in the unauthorised transportation of river sand and on that basis, petitioner is ordered to remit Rs.45,000/- towards the River Management Fund. A reading of Ext.P2, in my view, discloses that it was purely accepting the version given in the seizure mahazar that the District Collector has held the petitioner guilty. Evidently, there has not been proper consideration of the rival claims and for that reason I set aside Ext.P2 and the matter shall be reconsidered with notice to the petitioner. 3. Accordingly, Ext.P2 will stand set aside and the 1st respondent is directed to reconsider the matter, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. WPC 2705/09 :2 : 4. In the meanwhile, it will be open to the petitioner to seek interim custody of the vehicle, in which case, the 1st respondent shall consider the same and pass appropriate orders thereon. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp