Abdul Jaleel vs District Collector on 13 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28867 of 2009(C)


1. ABDUL JALEEL, ACHIPRA HOUSE,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.RAJESH NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :13/10/2009

 O R D E R

P.N.RAVINDRAN,J.

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W.P.(C) No. 28867 of 2009 – C

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Dated 13th October, 2009

Judgment

Heard Sri.Rajesh Nambiar, 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 registered owner of a goods

vehicle bearing registration No.KL/50-996. The said vehicle

was seized by the second respondent Sub Inspector of Police

and produced before the District Collector, Palakkad on

30.9.2009 on the allegation that it was used to transport river

sand without a valid pass. The petitioner contends that though

he had submitted Ext.P3 application dated 7.10.2009 seeking

interim custody of his vehicle, till date, orders have not been

passed thereon. In this writ petition, the petitioner seeks a writ

in the nature of mandamus commanding the respondents to

grant interim custody of the 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.28667/2009 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, Palakkad 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;

(ii) The District Collector, Palakkad shall pass final orders

in the proceedings initiated against 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, a reasonable

opportunity of being heard.

P.N.RAVINDRAN
Judge

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