IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26166 of 2009(M)
1. SREEJESH,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,MALAPPURAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOBI JOSE KONDODY
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.26166 of 2009-M
Dated------------------------------
this the 17th day of September, 2009.
J U D G M E N T
Heard Sri.Jobi Jose Kondody, the learned counsel appearing for the
petitioner and Sri.P.Narayanan, the learned Government Pleader
appearing for the respondents.
2. The petitioner is the owner of a mini lorry bearing
registration No.KL-9N 6395. The vehicle stands registered in the name
of Sri.Abdul Salam. The petitioner states that he purchased the said
vehicle from the registered owner on 29.5.2008 and that he is the owner
of the vehicle ever since 29.5.2008. The petitioner states that the said
vehicle was seized by the second respondent, on 13.9.2009, on the
allegation that it was used to transport river sand without a valid pass
and produced before the District Collector, Malappuram. The petitioner
submits that his vehicle was illegally seized and proceedings initiated
against him under the Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001 for no justifiable reason. The petitioner also
contends that the sand that was carried in his lorry was supported by a
valid pass. In this writ petition, the petitioner seeks a writ in the nature of
mandamus commanding the first respondent to release the goods vehicle
bearing Registration No. KL-9N 6395 to him.
W.P(C) No.26166 of 2009-M 2
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
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.
Sd/-
P.N.RAVINDRAN
ab JUDGE
W.P(C) No.26166 of 2009-M 3
ab