High Court Kerala High Court

Khader vs The Sub Inspector Of Police on 4 November, 2009

Kerala High Court
Khader vs The Sub Inspector Of Police on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31335 of 2009(J)


1. KHADER, S/O.KUNJUMOHAMMED,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, THRISSUR.

                For Petitioner  :SRI.P.M.ZIRAJ

                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.31335 of 2009-J
                   ------------------------------
               Dated this the 4th day of November, 2009.

                              J U D G M E N T

Heard Sri.P.M.Ziraj, 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-8-AJ-9846. The said vehicle was seized by the first

respondent, on 1.11.2009, on the allegation that it was used to transport

river sand without a valid pass and produced before the second

respondent. The petitioner submits that seeking interim custody of the

vehicle he had submitted Ext.P1 representation dated 2.11.2009 before

the District Collector, Thrissur. The grievance voiced by the petitioner in

this writ petition is that till date, orders have not been passed on the

request made by him in Ext.P1. In this writ petition, the petitioner inter

alia seeks a writ in the nature of mandamus commanding 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

W.P(C) No.31335 of 2009-J 2

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

District Collector should have considered the request made by the

petitioner in Ext.P1 for interim custody of his vehicle and passed orders

thereon. I accordingly dispose of this writ petition with the following

directions:

i) The District Collector, Thrissur shall within seven days from

the date on which the petitioner produces a certified copy of this

judgment, pass orders granting interim custody of the vehicle to him on

such terms and conditions as he may deem fit to impose.

ii) The District Collector, Thrissur 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 and the registered owner of the vehicle 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 and the registered owner expeditiously.

Sd/-

                                     P.N.RAVINDRAN
                                            JUDGE
             //True Copy//

ab                                   PA to Judge