High Court Kerala High Court

Noushad vs Unknown on 9 October, 2009

Kerala High Court
Noushad vs Unknown on 9 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28394 of 2009(T)


1. NOUSHAD, S/O.MOHAMMED,
                      ...  Petitioner

                        Vs



2. THE DISTRICT COLLECTOR,
                       ...       Respondent

1. THE STATE OF KERALA REPRESENTED

3. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.SAMSUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :09/10/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                           ---------------------------
                      W.P.(C) No. 28394 OF 2009
                           --------------------------
               Dated this the 9th day of October, 2009

                            J U D G M E N T

Heard Sri. P.Samsudin, 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-10C-2488. The said vehicle was seized by the third

respondent on 20.8.2009 on the ground that it was used to transport river

sand without a valid pass. After seizure, the vehicle was produced before

the District Collector, Malappuram. The petitioner submits that though he

had submitted Ext.P1 application dated 3.10.2009 before the District

Collector, Malappuram, seeking interim custody of his 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 second

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

W.P.(C) No. 28394/09
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of Sand Act, 2001, held that the District 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, Malappuram, 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, Malappuram, 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, Malappuram, 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

W.P.(C) No. 28394/09
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