IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32173 of 2009(N)
1. SHAMSUDHEEN K.P., S/O.MOYIN K.P.,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/11/2009
O R D E R
P.N. RAVINDRAN,J.
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W.P.(C).NO.32173 OF 2009
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DATED THIS THE 11TH DAY OF NOVEMBER, 2009
JUDGMENT
The petitioner is the registered owner of a goods
autorickshaw bearing registration No.KL-53-A-1280 . The said
vehicle was seized and produced before the District Collector,
Malappuram on 28/10/2009 on the allegation that it was used to
transport river sand without a valid pass. The petitioner
thereupon filed Ext.P3 representation before the District
Collector, Malappuram seeking interim custody of his vehicle.
The grievance voiced by the petitioner in the writ petition is that
till date, orders have not been passed thereon. In this writ
petition, the petitioner seeks a direction to the respondents to
release the seized vehicle to him by way of interim custody.
2. 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
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W.P.(C).No.32173/2009
River Banks and Regulation of Removal of Sand Act, 2001, held
that the District Collector has the power to release any vehicle
seized and produced before him, by way of interim custody. In
such circumstances, I dispose of the writ petition with the
following directions:
(i) The District Collector, Malappuram shall, within one
week from the date on which the petitioner produces a certified
copy of this judgment before him, release the vehicle to the
petitioner on such terms and conditions as he may deem fit to
impose.
(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 expeditiously and, in
any event, within three months from the date on which the
petitioner produces a certified copy of this judgment before him,
after notice to and affording the petitioner a reasonable
opportunity of being heard.
P.N.RAVINDRAN,
JUDGE.
kcv.