High Court Kerala High Court

Aboobacker A.P vs The District Collector on 24 February, 2010

Kerala High Court
Aboobacker A.P vs The District Collector on 24 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6079 of 2010(H)


1. ABOOBACKER A.P ,AGED 43 YEARS
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE, TIRUR.

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :24/02/2010

 O R D E R
                T.R.RAMACHANDRAN NAIR, J.
             ------------------------------------------------
                    W.P.(C)No.6079 of 2010
             ------------------------------------------------
          Dated this the 24th day of February, 2010

                             JUDGMENT

The petitioner herein is the registered owner of a Goods

vehicle bearing registration No.KL.07.D.7858. It is submitted

that the vehicle has been seized by the second respondent on

16/02/2010 alleging illegal transportation of river sand. It is the

case of the petitioner that the said vehicle was used for

transportation of sand with a valid permit. But at the time of

seizure the pass was not handed over to the Police Officers as he

was of the belief that the same would be destroyed. The

petitioner has filed this writ petition seeking for a direction to

the respondents to release the above vehicle to the petitioner.

2. The respondent is conferred with the power to

consider the release of the vehicle by way of an interim measure

in the light of the decision of this Court in Subramanian Vs.

State of Kerala (2009 (1)KLT 77), after assessing various

materials and on such conditions which he deems fit to impose.

3. Therefore, if the petitioner moves an application for

interim custody of the vehicle before the first respondent, there

W.P.(C)No.6079 of 2010
2

will be a direction to the 1st respondent District Collector to

consider the application after verifying the documents produced

by the petitioner. Orders regarding interim custody of the

vehicle shall be passed within 7 days from the date of receipt of a

copy of this judgment. It will be open to the 1st respondent to

impose such conditions as he deems fit if the vehicle is released.

4. There will be a further direction to the District

Collector to pass final orders on the proceedings within a period

of two months after hearing the petitioner and after assessing

various materials produced by him. The petitioner is relying

upon; Ext.P2 a copy of the pass issued by the Secretary,

Triprangode Panchayat; a compliant by Ext.P4 and; a paper

report by Ext.P5 to show that the seizure is clearly illegal.

The writ petition is disposed of as above. No costs.

T.R.RAMACHANDRAN NAIR, JUDGE

skj