IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26401 of 2009(U)
1. T.ARUN PRASAD, S/O.K.THIRUMALAISAMY,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE, KOLLANGODE.
... Respondent
2. THE DISTRICT COLLECTOR, PALAKKAD.
For Petitioner :SRI.K.V.GOPINATHAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 26401of 2009-U
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Dated this the 18 day of September, 2009.
J U D G M E N T
Heard Sri.K.V.Gopinathan Nair, 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 good carriage
bearing registration No.TN-30/T 4466. The said vehicle was seized by
the first respondent Sub Inspector of Police, Kollangode on 23.8.2009
while transporting river sand from the State of Tamil Nadu to
Govindapuram, on the ground that it was used to transport river sand
without a valid pass issued under the Kerala Protection of River Banks &
Regulation of Removal of Sand Act, 2001 and the rules framed
thereunder. After seizure, the vehicle was produced before the District
Collector, Palakkad. Though the petitioner moved the District Collector,
Palakkad by submitting Ext.P8 representation dated 10.9.2009 requesting
him to release 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 second respondent to release the vehicle to
him together with the goods carried therein after verifying the
documents produced by him. In the alternative, the petitioner seeks a
W.P(C) No. 26401of 2009-U 2
writ in the nature of mandamus commanding the respondents to consider
the request made by him in Ext.P8 for interim custody of the vehicle.
3. A learned Single Judge of this Court has in Subramanian V.
State of Kerala (2009(1) KLT 77) 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, since the
petitioner has already moved the District Collector seeking interim
custody of his vehicle, the District Collector is bound to take a decision
thereon expeditiously.
I accordingly dispose of this writ petition with a direction to the
District Collector, Palakkad to consider the request made by the
petitioner in Exts.P8 representation for interim custody of his vehicle
bearing registration No. TN-30/T 4466 and pass orders thereon within
ten days from the date on which the petitioner produces a certified copy
of this judgment before him. The District Collector shall also pass final
orders in the matter, within three months from the said date, after
affording the petitioner a reasonable opportunity of being heard. The
contentions of the petitioner on the merits are kept open.
Sd/-
P.N.RAVINDRAN
ab JUDGE
//True Copy//
PA to Judge