IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 28285 of 2009(E) -------------------------------------- PETITIONER: ------------------- P.A.VASU,S/O.AYYAPPAN, AGED 60 YEARS, PANATTIL HOUSE, MUNDATHIKODE P.O., VADAKKUMURI, THRISSUR DISTRICT, (R.C.OWNER OF KL-08-AG-6895). BY ADV. MR.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB-INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY, THRISSUR DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.28285 of 2009 - E ---------------------------------------- Dated 27th October, 2009 Judgment Heard Sri.Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL/8AG 6895. The said vehicle was seized by the second respondent and produced before the District Collector, Thrissur on 24.4.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon moved this Court seeking interim custody. By Ext.P2 judgment delivered on 17.6.2009, this Court directed the District Collector to consider the petitioner's request for grant of interim custody. The District Collector accordingly passed Ext.P3 order granting interim custody of the vehicle to the petitioner on various terms including deposit of Rs.1,00,000/- in cash as security. The petitioner challenged Ext.P3 by filing W.P.(C) No.23001 of 2009. 3. By Ext.P4 judgment delivered on 12.8.2009 this Court directed the District Collector to pass final orders in the matter. W.P.(C) No.28285/2009 2 The District Collector thereafter passed Ext.P6 order dated 18.9.2009 ordering confiscation of the vehicle. The District Collector however permitted the petitioner to avoid confiscation by paying Rs.3,50,000/-. Ext.P6 is under challenge in this writ petition. 4. The petitioner contends that he was not put on notice before Ext.P6 order was passed. He contends that though he was heard when Ext.P3 order was passed granting interim custody of the vehicle, thereafter, no notice was issued to him. He contends that he was thus denied an opportunity to put forward his contentions before final orders were passed ordering confiscation of his vehicle. When this writ petition came up for hearing on 15.10.2009, the learned Government Pleader was requested to make available the files leading up to Ext.P6 order and also to ascertain and submit whether the petitioner was heard before Ext.P6 order was passed. When this writ petition came up for hearing today, the learned Government Pleader made available the files leading up to Ext.P6. I have gone through the same. It is evident from the files that before Ext.P6 order was passed, no notice was issued W.P.(C) No.28285/2009 3 to the petitioner though he was heard in person before Ext.P3 order was passed on 25.7.2009 granting interim custody on terms and conditions mentioned therein. I am therefore satisfied that Ext.P6 order was passed visiting the petitioner with adverse consequence behind his back and without notice to him. On that short ground, Ext.P6 is liable to be quashed. I accordingly allow this writ petition, quash Ext.P6 and direct the District Collector, Thrissur to reconsider the matter and pass revised orders after affording the petitioner a reasonable opportunity to state his case. It will be open to the petitioner to raise all his contentions by way of a written submission and also to produce documents along with it. Final orders in the matter shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment before the District Collector. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge vaa