IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36554 of 2009(L)
1. V.SIVAN, S/O. VELUPILLA
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE STATE OF KERALA
For Petitioner :SRI.SAKIR.K.H.
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/12/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 36554 OF 2009 - L
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Dated this the 17th day of December, 2009
J U D G M E N T
Heard Sri. K.H.Sakir, 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 goods vehicle bearing
registration No.KL/03N-3382. The said vehicle was seized by the
first respondent on 28.10.2009 on the allegation that it was used
to transport river sand without a valid pass. A report was
thereafter submitted to the District Collector, Pathanamthitta.
The petitioner thereupon moved the District Collector by filing
Ext.P3 application dated 30.10.2009 seeking interim custody of
his vehicle. The grievance voiced by the petitioner is that, till
date, orders have not been passed thereon. In this writ petition,
the petitioner seeks a writ in the nature of mandamus
commanding the first respondent to consider Ext.P3 application
and pass orders thereon granting interim custody of the vehicle
to him expeditiously.
WP ) No.36554/2009 2
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 dispose of this writ petition with the
following directions:
(i) The District Collector, Pathanamthitta, shall, within 7
days from the date on which the petitioner produces a certified
copy of this judgment before him, issue orders granting interim
custody of the vehicle to the petitioner on such terms and
conditions as he may deem fit to impose. If the vehicle is
already involved in the commission of a similar offence or
offences, it will be open to the District Collector to decline to
release the vehicle by way of interim custody. If likewise, after
interim custody is given, the vehicle is involved in a similar
offence, it will be open to the District Collector to order
immediate seizure of the vehicle notwithstanding the fact that
interim custody is given pursuant to this order.
W.P. ) No. 36554/2009 3
(ii) The District Collector, Pathanamthitta, shall pass final
orders in the proceedings initiated by him within two months
from the date on which the petitioner produces a certified copy of
this judgment, after notice to and affording the petitioner, a
reasonable opportunity of being heard. The District Collector shall
after final orders are passed, communicate a copy thereof to the
petitioner expeditiously. The contentions of the petitioner on the
merits are kept open.
P.N.RAVINDRAN
Judge
vaa