IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29320 of 2009(H)
1. ABDUL NAZAR P.T.,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :16/10/2009
O R D E R
P.N.RAVINDRAN, J.
---------------------------
W.P.(C) No. 29320 OF 2009
--------------------------
Dated this the 16th day of October, 2009
J U D G M E N T
Heard Sri. Santheep Ankarath, 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 owner of the goods vehicle bearing
registration No.KL-51/1874. The said vehicle was seized by the second
respondent Sub Inspector of Police and produced before the District
Collector, Thrissur, on the allegation that it was used to transport river
sand without a valid pass. The petitioner submits that when the vehicle
was seized, no sand was carried in it and that there was no occasion to
take the vehicle into custody. The petitioner submits that his vehicle is
lying exposed to the elements of nature and that it is fast deteriorating. In
this writ petition, the petitioner seeks a writ in the nature of mandamus
commanding the respondents to release his vehicle by way of interim
custody, 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 Regulation of Removal
W.P.(C) No. 29320/09
2
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
petitioner should move the District Collector in writing seeking interim
custody of his vehicle instead of seeking the intervention of this Court. I
accordingly dispose of this writ petition with the following directions.
(a) The District Collector, Thrissur, shall, in the event of the
petitioner filing a petition before him seeking interim custody of the vehicle,
issue orders thereon within 7 days therefrom granting interim custody of
the vehicle to the petitioner on such terms and conditions as he may deem
fit to impose.
(b) The District Collector, Thrissur, shall also pass final orders in the
proceedings initiated by him under the Kerala Protection of River Banks
and Regulation of Removal of Sand Act, 2001, with notice to the petitioner
and after affording him a reasonable opportunity of being heard, within
three months from such date.
P.N.RAVINDRAN, JUDGE
vps
W.P.(C) No. 29320/09
3