High Court Kerala High Court

Abdul Nazar P.T vs The District Collector on 16 October, 2009

Kerala High Court
Abdul Nazar P.T vs The District Collector on 16 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29320 of 2009(H)


1. ABDUL NAZAR P.T.,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

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

 Dated :16/10/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                           ---------------------------
                      W.P.(C) No. 29320 OF 2009
                            --------------------------
              Dated this the 16th day of October, 2009

                              J U D G M E N T

Heard Sri. Santheep Ankarath, 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 the goods vehicle bearing

registration No.KL-51/1874. The said vehicle was seized by the second

respondent Sub Inspector of Police and produced before the District

Collector, Thrissur, on the allegation that it was used to transport river

sand without a valid pass. The petitioner submits that when the vehicle

was seized, no sand was carried in it and that there was no occasion to

take the vehicle into custody. The petitioner submits that his vehicle is

lying exposed to the elements of nature and that it is fast deteriorating. In

this writ petition, the petitioner seeks a writ in the nature of mandamus

commanding the respondents to release his vehicle by way of interim

custody, expeditiously.

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

W.P.(C) No. 29320/09
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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

petitioner should move the District Collector in writing seeking interim

custody of his vehicle instead of seeking the intervention of this Court. I

accordingly dispose of this writ petition with the following directions.

(a) The District Collector, Thrissur, shall, in the event of the

petitioner filing a petition before him seeking interim custody of the vehicle,

issue orders thereon within 7 days therefrom granting interim custody of

the vehicle to the petitioner on such terms and conditions as he may deem

fit to impose.

(b) The District Collector, Thrissur, shall also pass final orders in the

proceedings initiated by him under the Kerala Protection of River Banks

and Regulation of Removal of Sand Act, 2001, with notice to the petitioner

and after affording him a reasonable opportunity of being heard, within

three months from such date.

P.N.RAVINDRAN, JUDGE

vps

W.P.(C) No. 29320/09
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