High Court Kerala High Court

C.K.Abdul Rahiman vs The District Collector on 1 October, 2009

Kerala High Court
C.K.Abdul Rahiman vs The District Collector on 1 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27601 of 2009(U)


1. C.K.ABDUL RAHIMAN, S/O.KABEER,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, PALAKKAD.
                       ...       Respondent

2. THE S.I.OF POLICE, MANKARA POLICE

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

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

 Dated :01/10/2009

 O R D E R
                        P.N.RAVINDRAN, J.
                        ---------------------------
                    W.P.(C) No. 27601 OF 2009
                         --------------------------
             Dated this the 1st day of October, 2009

                          J U D G M E N T

Heard Sri.P.Vijaya Bhanu, 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-48-4537. The said vehicle was seized by

the second respondent on 25.7.2009 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, Palakkad. The

petitioner submits that though he had submitted Ext.P1 application

before the District Collector, Palakkad, on 10.8.2009 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 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

W.P.(C) No. 27601/09
2

constitutional validity of the Kerala Protection of River Banks and

Regulation of Removal 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, Palakkad, shall, within seven 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, Palakkad, 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, Palakkad, shall after final

orders are passed, communicate a copy thereof to the petitioner

expeditiously.

P.N.RAVINDRAN, JUDGE

vps