Abdul Harif P.V vs The District Collector on 17 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32878 of 2009(D)


1. ABDUL HARIF P.V.
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR
                       ...       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 :17/11/2009

 O R D E R
                      P.N.RAVINDRAN, J
                          -------------------
                       W.P.(C).32878/2009
                          --------------------
          Dated this the 17th day of November, 2009

                          JUDGMENT

The petitioner is the owner of a goods vehicle bearing

registration No.KL-11Y/6759. The said vehicle was seized by

the secnd respondent and produced before the District

Collector, Kozhikode, on 2.11.2009 on the allegation that it

was used to transport river sand without a valid pass. The

petitioner thereupon submitted Ext.P1 petition dated

5.11.2009 seeking interim custody of his vehicle. The

grievance voiced by the petitioner in this writ petition is that,

till date, orders have not been passed thereon. In this writ

petition, the petitioner seeks a direction to the respondents to

release the vehicle to him by way of interim custody.

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 River Banks and Regulation of Removal of Sand Act, 2001,

held that the District Collector has the power to release any

vehicle which is seized and produced before him, by way of

interim custody. In such circumstances, as the petitioner

W.P.(C).32878/2009
2

has moved the District Collector in writing seeking interim

custody of his vehicle, I dispose of this writ petition with the

following directions:

(i). The District Collector, Kozhikode, shall, within one

week from the date on which the petitioner produces a

certified copy of this judgment before him, grant interim

custody of the vehicle to the petitioner on such terms and

conditions as he may deem fit.

(ii). The District Collector, Kozhikode, 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 two months from the date on which the

petitioner produces a certified copy of this judgment before

him, after notice to and affording the petitioner a reasonable

opportunity of being heard.

P.N.RAVINDRAN,
Judge

mrcs