IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36591 of 2009(T)
1. ABDUL RASHEED P
... Petitioner
Vs
1. THE DISTRICT COLLECTOR
... Respondent
3. SUB INSPECTOR OF POLICE
For Petitioner :SRI.ESM.KABEER
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/12/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 36591 OF 2009 - T
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Dated this the 17th day of December, 2009
J U D G M E N T
Heard Sri. E.S.M.Kabeer, 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/53-4745. The said vehicle was seized
by the second respondent on 12.12.2009 on the allegation that it
was used to transport river sand without a valid pass. A report
was thereafter submitted to the District Collector, Malappuram.
The petitioner thereupon moved the District Collector by filing
Ext.P2 application dated 14.12.2009 seeking interim custody of
his vehicle. The grievance voiced by the petitioner is that, till
date, orders have not been passed thereon. In this writ petition,
the petitioner seeks a writ in the nature of mandamus
commanding the first respondent to consider Ext.P2 application
and pass orders thereon granting interim custody of the vehicle
to him expeditiously.
WP ) No.36591/2009 2
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 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 dispose of this writ petition with the
following directions:
(i) The District Collector, Malappuram, shall, within 7 days
from the date on which the petitioner produces a certified copy of
this judgment before him, issue orders granting interim custody
of the vehicle to the petitioner on such terms and conditions as
he may deem fit to impose. If the vehicle is already involved in
the commission of a similar offence or offences, it will be open to
the District Collector to decline to release the vehicle by way of
interim custody. If likewise, after interim custody is given, the
vehicle is involved in a similar offence, it will be open to the
District Collector to order immediate seizure of the vehicle
notwithstanding the fact that interim custody is given pursuant to
this order.
W.P. ) No. 36591/2009 3
(ii) The District Collector, Malappuram, shall pass final
orders in the proceedings initiated by him within two months
from the date on which the petitioner produces a certified copy of
this judgment, after notice to and affording the petitioner, a
reasonable opportunity of being heard. The District Collector shall
after final orders are passed, communicate a copy thereof to the
petitioner expeditiously. The contentions of the petitioner on the
merits are kept open.
P.N.RAVINDRAN
Judge
vaa