IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30549 of 2009(K)
1. ABDU TAHIR P.K. S/O.P.K.KUNHALIKUTTY,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :28/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) Nos.30549 of 2009-K & 30604 of 2009-U
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Dated this the 28th day of October, 2009.
J U D G M E N T
Heard Sri.Babu S. Nair, the learned counsel appearing for the
petitioners and Sri.P.Narayanan, the learned Government Pleader
appearing for the respondents .
2. The petitioners in these writ petitions are registered owner of
goods vehicles bearing registration Nos.KL-10AA/4172 and KL-
10Y/4812 respectively. Their vehicles were seized by the second
respondent on 2.10.2009 and 21.10.2009, on the allegation that they
were used to transport river sand without a valid pass and produced
before the District Collector, Malappuram. The petitioners submit that
seeking interim custody of their vehicles they had submitted
representations dated 10.10.2009 and 23.10.2009 respectively before
the District Collector, Malappuram. The grievance voiced by the
petitioners in these writ petitions is that till date, orders have not been
passed thereon. In this writ petition, the petitioners inter alia seek a
direction to the respondents to release the vehicles to them by way of
interim custody.
3. A learned Single Judge of this Court has in Subramanian V.
State of Kerala (2009(1) KLT 77) while upholding the constitutional
W.P(C) Nos.30549 of 2009-K &
30604 of 2009-U : 2 :
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 am of the opinion that the
District Collector should have considered the request made by the
petitioners for interim custody of the vehicles and passed orders
thereon. I accordingly dispose of this writ petition with the following
directions:
i) The District Collector, Malappuram shall within seven days
from the date on which the petitioners produce a certified copy of this
judgment pass orders granting interim custody of the vehicle to them 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 within three months from such date after affording the
petitioners a reasonable opportunity of being heard. The District
Collector shall pass separate orders giving reasons in support of his
conclusions and shall communicate a copy thereof to the petitioners
expeditiously. The contentions of the petitioners on the merits are kept
open.
Sd/-
P.N.RAVINDRAN
ab JUDGE