ANISH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner challenges Exts.P2 to P4 and P8. He also seeks a declaration that the proceedings initiated against him under the provisions of the Kerala Land Conservancy Act are illegal and unsustainable.

(2.) Ext.P2 is a notice issued by the second respondent, exercising his powers under the Kerala Land Conservancy Act and calling upon the petitioner to appear before him for an enquiry, in connection with the alleged unauthorised removal of river sand from the bed of the Achankovil river. According to the petitioner, without conducting any enquiry, Ext.P3 order was passed directing him to remit an amount of Rs.1,05,200/- towards the value of the river sand, royalty and fine. Against this order, petitioner filed Ext.P7 appeal before the District Collector, which was rejected by Ext.P8 order. It is challenging these proceedings, this Writ Petition is filed with the prayers mentioned above.

(3.) Main contention raised by the learned counsel for the petitioner is that the Achankovil river is one vested in the fourth respondent Panchayat by virtue of S.218 of the Kerala Panchayat Raj Act, 1994 and, therefore, the proceedings under the Kerala Land Conservancy Act initiated against him are without jurisdiction.