Saidalikutty vs The District Collector on 15 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25947 of 2009(K)


1. SAIDALIKUTTY, S/O. POCKER,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :15/09/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                  -----------------------------
                     W.P(C) No.25947 of 2009 - K
             Dated------------------------------
                    this the 15th day of September, 2009.

                             J U D G M E N T

Heard Sri.K.M.Firoz, the learned counsel appearing for the

petitioner and Sri.P.Narayanan, the learned standing counsel appearing

for the respondents.

2. The petitioner is the registered owner of a lorry bearing

registration No.KL-05 B 4600. The said vehicle was seized by the second

respondent, on 9.9.2009 on the allegation that it was used to transport

river sand without a valid pass. After seizure, it was produced before the

first respondent. The petitioner submits that a crime has also been

registered against him for the offence punishable under Section 23 of the

Kerala Protection of River Banks and Regulation of Removal of Sand Act,

2001. In this writ petition the petitioner challenges the proceedings

initiated against him by the respondents under the provisions of the

Kerala Protection of River Banks and Regulation of Removal of Sand Act,

2001. He also challenges the constitutional validity of the said

enactment. The petitioner also seeks a direction to the respondents to

release the vehicle to him.

3. A learned Single Judge of this Court has in Subramanian V.

State of Kerala (2009(1) KLT 77) while upholding the constitutional

W.P(C) No.25947 of 2009 – K 2

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 such circumstances, I am of the opinion, the

petitioner should move the first respondent seeking interim custody of

the vehicle instead of seeking the intervention of this Court. I

accordingly dispose of this writ petition with the following directions:

a) The District Collector, Malappuram, shall in the event of the

petitioner filing a petition before him seeking interim custody of the

vehicle, issue orders within ten 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, Malappuram shall 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 four months from today.

P.N.RAVINDRAN
JUDGE
ab