IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 34582 of 2009(P) -------------------------------------- PETITIONER(S): ----------------------- V.S.SOMESH, AGED 27 YEARS, S/O.SOMAN PILLAI, 235 (6/13) VENAGALOOR, THULAPPILLY P.O., KOLLAMULA VILLAGE, RANNY, PATHANAMTHITTA. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA. 4. THE TAHSILDAR, RANNI, TALUK OFFICE, RANNI. 5. SUB INSPECTOR OF POLICE, PERUNADU, RANNI. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34582/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE DTD. 26.10.2009. P2:- COPY OF THE PASS DTD. 13.10.2009. P3:- COPY OF THE REPRESENTATION DTD. 20.10.2009. P4:- COPY OF THE ORDER DT. NO.C.51244/2009 DTD. 13.11.2009. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34582 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2010. JUDGMENT Aggrieved by Ext.P4 order, the petitioner has filed this writ petition. The petitioner is the registered owner of a vehicle bearing Reg. No.KL-07- AM-48, a mini lorry. On 13.10.2009 the petitioner's vehicle was loaded with sand and was proceeding to Pathanamthitta. It was intercepted and was taken into custody by the fourth respondent Tahsildar, alleging unauthorised transportation of river sand. Proceedings were initiated against him. The petitioner had filed an appropriate representation to the second respondent. According to the petitioner, a notice was issued for hearing on 4.11.2009, but on that day he was not heard. An order has been passed on 13.11.2009 without any proper hearing. This is under challenge in this writ petition. According to the petitioner, the order is passed without verifying the documents. 2. A reading of the order shows that the District Collector found that the vehicle was used for illegal transportation of river sand. But thereafter the Revenue Divisional Officer was directed to fix the value of the vehicle and to issue appropriate direction to the owner of the vehicle to remit the wpc 34582/2009 2 amount and if the value is not remitted by him, it should be taken for public auction. 3. The above procedure adopted by the District Collector, cannot be supported. The District Collector will have to get the proper valuation through the office of the Motor Vehicles Department or the concerned Engineer of the Public Works Department and then pass appropriate orders. The same is the proper procedure. Herein, it has been delegated to the Revenue Divisional Officer, Thiruvalla. 4. In that view of the matter, Ext.P4 cannot be supported and the same is quashed. Since the petitioner has got a case that he was not properly heard by the District Collector, (even though it is denied by the respondents) a fresh opportunity will be given to the petitioner also to be heard before passing final orders. Appropriate orders shall be passed by the competent authority after re-hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/