IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29040 of 2009(Y)
1. BIJU, S/O.VELU,NJARALATH HOUSE,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,MALAPPURAM.
3. THE SUB INSPECTOR OF POLICE,
4. MOHANAN,S/O.CHAKKI,THEKKECHOLAYIL
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/10/2009
O R D E R
P.N.RAVINDRAN,J.
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W.P.(C) No.29040 of 2009 – Y
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Dated 15th October, 2009
Judgment
The petitioner is the owner of a goods vehicle bearing
registration No.KL/11C – 3079 under an agreement for sale
entered into between him and the fourth respondent. The said
vehicle was seized by the third respondent Sub Inspector of
Police and produced before the second respondent District
Collector on 2.10.2009 on the allegation that it was used to
transport river sand without a valid pass. The petitioner
thereafter moved the District Collector by submitting Ext.P3
application dated 7.10.2009 seeking interim custody of his
vehicle. The grievance voiced by the petitioner in this writ
petition is that till date, the District Collector has not passed
orders thereon granting interim custody of the vehicle to him.
In this writ petition, the petitioner seeks a direction to the
District Collector to grant interim custody of vehicle to him.
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
W.P.(C) No.29040/2009 2
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. I accordingly dispose of this 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 him on such terms and conditions as he may deem fit to
impose;
(ii) The District Collector, Malappauram 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 and the
registered owner, a reasonable opportunity of being heard.
P.N.RAVINDRAN
Judge
vaa