IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 2302 of 2010(K) ------------------------- PETITIONER(S): --------------- KUMARVELAN M.M., S/O.LAKSHMI, AGED 50 YEARS, MUTHUKATTIL MELATHIL-HOUSE, PO.DESAMANGALAM, THRISSUR DT. (RC OWNER OF KL-07-R-4224). BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. TAHSILDAR, THALAPPILLY TALUK, WADAKANCHERY PO, THRISSUR. 3. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE-STATION, KUNNAMKULAM, THRISSUR. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 2302 of 2010 ================== Dated this the 17th day of May, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transportation of river sand. The petitioner earlier approached this Court and obtained Ext.P2 judgment, wherein this Court directed the District Collector to pass orders giving reasons in support of his conclusions and communicate a copy thereof to the petitioner expeditiously thereafter. However, without passing any orders as directed by Ext.P2 judgment, the 2nd respondent has issued Ext.P3 directing the petitioner to pay an amount of Rs.4,50,000/- in accordance with the earlier order, with a threat that if the same is not paid, the vehicle in question would be sold in public auction. 2. I have heard the learned Government Pleader also. The Government Pleader frankly admits that Ext.P3 notice has been issued without knowing about Ext.P2 judgment. 3. In so far as Ext.P2 judgment directs the District Collector to pass fresh orders, the 2nd respondent could not have issued Ext.P3 notice for recovery of the amount as per the earlier order. Accordingly, Ext.P3 is quashed and this writ petition is disposed of with a direction to the respondents to see that the vehicle is not sold without first passing orders as directed in Ext.P2 judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2