IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33241 of 2009(A)
1. BASHEER.P.U, AGED 58 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. GEOLOGIST,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :19/11/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C). No. 33241 OF 2009
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Dated this the 19th day of November 2009.
JUDGMENT
The petitioner is the registered owner of a goods vehicle
bearing registration No.KL-47-A-1723. The said vehicle was
seized and proceedings initiated under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, 2001 and
the Rules framed thereunder on the allegation that it was used to
transport river sand without a valid pass. The petitioner
challenged the seizure of his vehicle by filing W.P.(C).No.24739
of 2009 in this Court. By Ext.P4 judgment delivered on
27.08.2009, this Court directed the District Collector to pass
final orders in the matter within three months from the date of
receipt of a copy of the judgment. This Court also directed that
if the petitioner moves for interim custody, the application for
interim custody shall be considered and orders passed within
four weeks.
2. As directed by this Court in Ext.P4 judgment, the
petitioner moved the District Collector seeking interim custody.
Ext.P5 order was thereafter passed on 12.10.2009 granting
interim custody subject to various terms and conditions including
W.P.(C). No. 33241 OF 2009
2
deposit of money. The petitioner did not comply with the said
conditions, as according to him, they were onerous and he was
not in a position to comply with the said conditions. In this writ
petition, the petitioner challenges the seizure of his vehicle on
the ground that the sand transported was not river sand.
3. It appears that a sample of the sand carried in the
petitioner’s vehicle was send for expert opinion to the Geologist,
who has sent a letter to the District Collector stating that the
sand carried in the petitioner’s vehicle is sand extracted from
weathered rock and can be included in M-Sand category.
Relying on the said letter, a copy of which is Ext.P6, the
petitioner seeks a direction to the respondents to unconditionally
release the vehicle to him.
4. The pleadings disclose that a certified copy of Ext.P4
judgment was received by the District Collector on 09.09.2009.
In terms of the directions in Ext.P4 judgment, the District
Collector has to pass final orders in this matter within three
months. The said period will expire on 08.12.2009, that is,
within another two weeks. In such circumstances, I dispose of
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3
this writ petition with a direction to the District Collector to take
note of the contents of Ext.P6 letter sent by the Geologist,
Thrissur while passing final orders in this matter. The District
Collector shall pass final orders within the time stipulated in
Ext.P4 judgment and shall after orders are passed, communicate
a copy thereof to the petitioner expeditiously. It will be open to
the petitioner to file a written submission before the District
Collector raising the contentions raised in this writ petition. The
District Collector shall consider the said contentions also while
passing orders in the matter.
(P.N.RAVINDRAN)
JUDGE
kkms/