K.Pradeep vs The District Collector on 9 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25533 of 2009(J)


1. K.PRADEEP, S/O. SETHUMADHAVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. GEOLOGIST,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

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

 Dated :09/09/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                   -----------------------------
                       W.P(C) No. 25533 of 2009-J
                   ------------------------------
              Dated this the 9th day of September, 2009.

                              J U D G M E N T

Heard Sri.Shoby K.Francis, 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 mini lorry bearing

registration No.KL-13K-4443. The said vehicle was seized by the second

respondent Sub Inspector of Police, on 30.5.2009, on the allegation that

it was used to transport river sand without a valid pass. The petitioner

submits that the sand that was carried in his lorry was supported by a

valid pass, a copy of which is Ext.P2. The petitioner also submits that

seeking interim custody of the vehicle he has submitted Ext.P3

representation dated 24.6.2009 and Ext.P4 representation dated

29.8.2009 before the District Collector, Thrissur. The grievance voiced

by the petitioner in this writ petition is that though more than three

months have passed after his vehicle was seized, till date orders have not

been passed on the request made by him in his representations. In this

writ petition, the petitioner inter alia seeks a direction to the respondents

to release the mini lorry 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

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 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, Thrissur to consider the request made by the petitioner

in Exts.P3 and P4 representations for interim custody of mini lorry

bearing registration No. KL-13K-4443 and pass orders thereon within

two weeks 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.

P.N.RAVINDRAN
JUDGE

ab