IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31320 of 2009(H)
1. K.JASHAD, AGED 30 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SMT.CELINE JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/11/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 31320 OF 2009
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Dated this the 3rd day of November, 2009
J U D G M E N T
Heard Smt. Celine Joseph, the learned counsel appearing for
the petitioner and Sri. P.Narayanan, the learned Government
Pleader appearing for the respondents.
2. The petitioner is the registered owner of a goods vehicle
bearing registration No.KL-12C/2034. The said vehicle was seized
by the second respondent on 21.10.2009 on the ground that it was
used to transport river sand without a valid pass and produced
before the District Collector, Wayanad. The petitioner submits that
though he had submitted Ext.P1 application before the District
Collector, Wayanad, seeking interim custody of the vehicle, till date,
orders have not been passed thereon. In this writ petition, the
petitioner seeks a writ in the nature of mandamus commanding the
first respondent to consider Ext.P1 application and pass orders
thereon granting interim custody of the vehicle to him expeditiously.
3. A learned single Judge of this Court has in Subramanian
v. State of Kerala (2009 (1) KLT 77) while upholding the
constitutional validity of the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001, held that the District
W.P.(C) No. 31320/09 2
Collector has the power to direct release of any vehicle which is
seized and produced before him, by way of interim custody. In such
circumstances, I am of the opinion that the District Collector should
consider Ext.P1 application and pass orders thereon expeditiously. I
accordingly dispose of this writ petition with the following directions.
(i) The District Collector, Wayanad, shall, within 7 days from
the date on which the petitioner produces a certified copy of this
judgment, issue orders granting interim custody of the vehicle to the
petitioner on such terms and conditions as he may deem fit to
impose.
(ii) The District Collector, Wayanad, shall pass final orders in
the proceedings initiated by him within three months from such date,
after notice to and affording the petitioner, a reasonable opportunity
of being heard. The District Collector, Wayanad, shall after final
orders are passed, communicate a copy thereof to the petitioner
expeditiously. The contentions of the petitioner on the merits are
kept open.
P.N.RAVINDRAN, JUDGE
vps