High Court Kerala High Court

Naufal vs The District Collector on 4 November, 2009

Kerala High Court
Naufal vs The District Collector on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31421 of 2009(W)


1. NAUFAL, S/O.MUHAMMED,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE TAHSILDAR, PERINTHALMANNA.

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

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

 Dated :04/11/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                   -----------------------------
                      W.P(C) No. 31421 of 2009-W
                   ------------------------------
               Dated this the 4th day of November, 2009.

                              J U D G M E N T

Heard Sri.U.K.Devidas, 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 registered owner of a goods vehicle

bearing registration No.KL-10/A-7679. The said vehicle was intercepted

and seized by the second respondent on 23.10.2009 at 4.45 pm, on the

allegation that there was a short delay of 25 minutes in reaching the

destination. In this writ petition, the petitioner challenges the seizure of

his vehicle and 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

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 that the

petitioner should move the District Collector in writing, setting out the

contentions raised in this writ petition and pointing out the fact that the

W.P(C) No. 31421 of 2009-W 2

sand transported was covered by a valid pass and that it was seized only

because of the fact that there was a short delay of 25 minutes in reaching

the destination mentioned in the pass. I accordingly dispose of this writ

petition with the following directions:

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

petitioner filing an appropriate representation seeking interim custody,

release the vehicle to the petitioner by way of interim custody on the

petitioner depositing the sum of Rs.25,000/-. It will open to the District

Collector to impose conditions other than deposit of money while

granting interim custody. The vehicle shall be released on the day the

petitioner deposits the sum of Rs.25,000/-.

ii) 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 and the Rules framed

thereunder within three months from such date, after affording the

petitioner a reasonable opportunity of being heard. The District Collector

shall pass an order giving reasons in support of his conclusions and shall

communicate a copy thereof to the petitioner expeditiously. The

contentions of the petitioner on the merits are kept open.

Sd/-

                                       P.N.RAVINDRAN
ab                                          JUDGE