IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36843 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. SANAL KUMAR P.,S/O. KORUNNY AGED 35 YEARS, MATRIKUNNU HOUSE, PAYYANADU, MALAPPURAM DISTRICT. 2. K.KRISHNAN, S/O. APPUTTY KAMATHIYIL HOUSE ,POONGODU, NILAMBUR MALAPPURAM DISTRICT. 3. AZEEZ, KARUVADAN HOUSE MAMPATTUMOOLA, KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, NILAMBUR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).36843/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioners challenge Ext.P5 and P6 orders passed by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioners, the transportation was supported by a pass and this aspect has not been taken note of by the District Collector. 2. The parameters governing the exercise of power by the District Collector under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, has been considered elaborately by this Court in Writ Petition No.15847/2008 and Connected Cases. It has been held therein that the power exercised by the District Collector is quasi-judicial in character and similar to the power exercised by a Court of law dealing with confiscation proceedings. There has to be an application of mind on the part of the District Collector consistent with the fact that the power being exercised by the Collector is quasi-judicial. W.P.(C).36843/2008 2 3. Having heard learned Government Pleader also, I am of the view, that a reconsideration of the issue is necessary at the hands of the District Collector. He shall also take note of the directions issued by this Court in the aforementioned batch of cases. 4. In the result, Ext.P5 and P6 are set aside. District Collector shall pass fresh orders on the applications filed by the petitioners for release of the vehicles bearing registration Nos.KL-10B/4494, KL-10B/3534 and KL- 10P/890, after hearing the petitioners and after taking note of the guidelines issued in this behalf in the judgment in Writ Petition No.15847/2008 and Connected Cases. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment, along with the certified copy of the judgment in Writ petition No.15847/2008 and Connected Cases. Writ petition is disposed of as above. V.GIRI, Judge mrcs