High Court Kerala High Court

Mustafa vs The District Collector on 1 October, 2009

Kerala High Court
Mustafa vs The District Collector on 1 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27659 of 2009(B)


1. MUSTAFA, S/O.MAYINKUTTY,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,MALAPPURAM.
                       ...       Respondent

2. THE S.I.OF POLICE,

                For Petitioner  :SRI.BABU S. NAIR

                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. 27659 OF 2009
                         --------------------------
              Dated this the 1st day of October, 2009

                          J U D G M E N T

Heard Sri. Babu S.Nair, 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-13A/9945. The said vehicle was seized

by the second respondent 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

requesting the District Collector to give interim custody of the vehicle

to him, till date, orders have not been passed thereon. In this writ

petition, the petitioner seeks a direction to the respondents to give

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

W.P.(C) No. 27659/09
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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, Malappuram, shall, within one week

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.

P.N.RAVINDRAN, JUDGE

vps

W.P.(C) No. 27659/09
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