IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26319 of 2009(H)
1. HUSSAIN A. S/O. MUHAMMED KUTTY, 36 YEARS
... Petitioner
Vs
1. THE DISTRICT COOLECTOR, COLLECTORATE,
... Respondent
2. SUPERINTEDENT OF POLICE, MALAPPURAM
3. CIRCLE INSPECTOR OF POLICE,
4. SUB INSPECTOR OF POLICE, VALANCHERY
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 26319 of 2009-H
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Dated this the 5th day of October, 2009
J U D G M E N T
Heard Sri.Shoby K.Francise, 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 a mini lorry bearing
registration No.KL-07-L-2234. The said vehicle was seized by the Sub
Inspector of Police, Valanchery Police Station and produced before the
first respondent on 21.6.2009, on the allegation that it was used to
transport river sand without a valid pass. Thereafter, proceedings were
initiated against the petitioner under the provisions of the Kerala Anti-
Social Activities (Prevention) Act, 2007. The petitioner thereupon moved
the Sub Inspector of Police, seeking interim custody of the said vehicle.
He thereafter moved the District Collector by submitting Ext.P4
representation dated 7.9.2009. The grievance voiced by the petitioner in
this writ petition is that the respondents have no authority to proceed
against him or his vehicle under the Kerala Anti-Social Activities
(Prevention) Act, 2007. In this writ petition, the petitioner inter alia seeks
a writ in the nature of mandamus commanding the respondents to
release the vehicle bearing registration No.KL-07-L-2234 to him
forthwith.
W.P(C) No. 26319 of 2009-H : 2 :
3. The learned Government Pleader appearing for the
respondents submits on instructions that the District Collector has taken
steps to proceed against the petitioner and his vehicle under the Kerala
Protection of River Banks and Regulation of Removal of Sand Act 2001
and the rules framed therein. He also submits that the District Collector
will consider the petitioner’s application for interim custody of the vehicle
and pass orders thereon. He further submits that the District Collector
will finalise the proceedings 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
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. Ext.P4 discloses that the petitioner has already moved
the District Collector seeking interim custody of his vehicle. The District
Collector should therefore consider the request made by him in Ext.P4
and pass orders thereon.
I accordingly dispose of this writ petition with the following
directions:
i) The District Collector, Malappuram shall within seven days
from the date on which the petitioner produces a certified copy of this
judgment release the vehicle to the petitioner by way of interim custody
subject to such terms and conditions as he may deem fit to impose.
W.P(C) No. 26319 of 2009-H : 3 :
ii) The District Collector 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 and the rules framed
thereunder within three months from the date on which the petitioner
produces a certified copy of this judgment after notice to and affording
the petitioner and the registered owner a reasonable opportunity of being
heard. The contentions of the petitioner on the merits are kept open.
P.N.RAVINDRAN
JUDGE
ab