IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25105 of 2009(G) -------------------------- PETITIONER(S): --------------- SANDEEP.K.C., SON OF CHANDRAN, AGED 26 YEARS, RESIDING AT KUDIYIL HOUSE,OKKAL(PO) CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (OWNER OF A MINI LORRY BEARING NO.KL-07-Z-6964. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION. 3. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).25105/2009 -------------------- Dated this the 28th day of August, 2009 JUDGMENT Petitioner is a registered owner of a vehicle bearing registration No.KL-07-Z-6964. The said vehicle was seized on29.5.2009 by the 2nd respondent when it was found transporting river sand with valid permit. The District Collector thereafter, passed final orders under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of Removal of sand) Act, 2002, as per Ext.P2, which is under challenge in this writ petition. 2. I find force in the submission made by the learned counsel for the petitioner that there is no consideration of the relevant aspects by the District Collector. This Court has again observed that exercise of power under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 is quasi judicial in character and reasons should be discernible from a reading of the order itself. That requirement does not seem to be satisfied in Ext.P2. W.P.(C).25105/2009 2 3. Heard learned Government Pleader also. 4. Ext.P2 is therefore, quashed and the 1st respondent is directed to pass a fresh order within three months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioner deposits an amount of Rs.25,000/- and undertakes not to alienate or encumber the vehicle in question, the vehicle bearing registration No.KL- 07-Z-6964 shall be released to the petitioner subject to final orders to be passed by the District Collector. Further, the petitioner shall not use the vehicle for transportation of sand until further proceedings are finalized by the District Collector. Writ petition is disposed of as above. V.GIRI, Judge mrcs