IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28518 of 2009(H)
1. ABOOBACKER,AGED 72,S/O.MOHAMMEDKUTTY
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,MALAPPURAM.
... Respondent
2. THE S.I.OF POLICE,PARAPPANANGADI.
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 28518 OF 2009
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Dated this the 9th day of October, 2009
J U D G M E N T
Heard Sri. K.K.Mohammed Ravuf, the learned counsel appearing
for the petitioner and Sri. P.Narayanan, the learned Government Pleader
appearing for the respondents.
2. The petitioner is the owner of a goods vehicle bearing
registration No.KL.6A-2156 which he holds under an agreement for sale
evidenced by Ext.P1. The said vehicle was seized by the second
respondent on 26.9.2009 on the ground that it was used to transport river
sand without a valid pass and produced before the District Collector,
Malappuram. The petitioner submits that though he had submitted
Ext.P3 application dated 29.9.2009 before the District Collector,
Malappuram, seeking interim custody of the 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 first respondent to consider
Ext.P3 application and pass orders thereon granting interim custody of the
vehicle to him expeditiously.
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) No. 28518/09
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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 consider Ext.P3 application and pass orders thereon
expeditiously. I accordingly 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,
issue orders granting interim custody of the vehicle to the petitioner 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 within three months from such date, after
notice to and affording the petitioner, a reasonable opportunity of being
heard. The District Collector, Malappuram, 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
vps
W.P.(C) No. 28518/09
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