IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26920 of 2009(H)
1. DHANEESH P.P. S/O.O.DAMODHARAN,
... Petitioner
Vs
1. THE DISTRICT COLELCTOR, MALAPPURAM.
... Respondent
2. S.I.OF POLICE, KALPAKANCHERY,
For Petitioner :SRI.JAMSHEED HAFIZ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :24/09/2009
O R D E R
P.N.RAVINDRAN,J.
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W.P.(C) No.26920 of 2009 – H
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Dated 24th September, 2009
Judgment
The petitioner is the owner of a goods vehicle bearing
registration No.KL-10-V/870 under an agreement of sale executed with
the registered owner. The said vehicle was seized by the second
respondent Sub Inspector of Police, Kalpakanchery and produced
before the District Collector, Malappuram on 21.8.2009 on the
allegation that it was used to transport river sand without a valid pass.
The grievance voiced by the petitioner is that till date notwithstanding
his repeated requests, the District Collector has not released the
vehicle to him by way of interim custody. In this writ petition, the
petitioner seeks a writ in the nature of mandamus commanding the
respondents to release the vehicle seized from him by way of interim
custody.
2. A learned Single Judge of this Court has in Subramanian v.
State of Kerala (2009 (1) KLT 77), while upholding the 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 my opinion, in the light of the decision of this
W.P.(C) No.26920/2009 -:2:-
Court in Subramanian v. State of Kerala (2009 (1) KLT 77), the
District Collector has to consider the request made by the petitioner
for interim custody of the vehicle and pass orders thereon. I
accordingly dispose of the writ petition with the following directions:
(1) The District Collector, Malappuram shall consider the request
made by the petitioner for interim custody of his vehicle expeditiously
and, in any event, within ten days from the date on which the
petitioner produces a certified copy of this judgment before the District
Collector and makes a request in writing seeking interim custody of his
vehicle; and
(2) The District Collector, Malappuram shall pass final orders in
the matter pending before him expeditiously and, in any event, within
three months from today after affording the petitioner a reasonable
opportunity of being heard. The petitioner’s contentions on the merits
are kept open.
P.N.RAVINDRAN
Judge
vaa