IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10144 of 2008(G) -------------------------- PETITIONER: ------------- MOIDEENKUTTY, S/O.AHAMMED, AGED 25 YEARS, CHERUVAKKATH HOUSE, P.O. RANDATHANI, MARAKKARA VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. [OWNER AND POSSESSOR OF THE VHICLE KL-10-B/2889] BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. TAHSILDAR, TIRUR TALUK, TIRUR, MALAPPURAM. 3. SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KALPAKANCHERY, MALAPPURAM DISTRICT. BY GOVT. PLEADER, SRI.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 10144 OF 2008 ----------------------------------------------- Dated this the 26th day of March, 2008 JUDGMENT The challenge in this writ petition is against Ext.P4, a final order passed by the District Collector exercising the powers under Section 27 of the Kerala Protection of River Banks & Regulations of Removal of Sand Act 2001 & Rules, 2002. The specific contention of the petitioner is that he has not been heard before the said order was passed. The order also does not disclose that the petitioner was issued any notice. In such circumstances, Ext.P4 has to be held as one passed in violation of the principle of natural justice. Accordingly, Ext.P4 order will stand quashed and the 1st respondent is directed to issue notice to the petitioner, hear him and pass fresh orders. It is directed that the above order shall be passed as expeditiously as possible, at any rate, within 15 days of production of a copy of this judgment. In the event of the 1st respondent is unable to pass orders as above, within 15 days, it will be open to the petitioner to seek release of the vehicle having registration No.KL-10-B-2889, on his WPC No. 10144 OF 2008 2 executing a bond of Rs.50,000/- to the satisfaction of the 1st respondent and undertaking to produce the same as and when called for. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 10144 OF 2008 3