IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25357 of 2009(L)
1. ALI AKBAR, AGED 33 YEARS, S/O.MOIDEEN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE STATE OF KERALA,
3. THE SUB INSPECTOR OF POLICE, POTHUKALLU.
4. REFEEQUE,S/O.MOIDEEN,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :08/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 25357 of 2009-L
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Dated this the 8th day of September, 2009.
J U D G M E N T
Heard Sri.P.Shamsudin, the learned counsel appearing for the
petitioner and Sri.P.Narayanan, the learned Government Pleader
appearing for respondents 1 to 3. In the nature of the order that I
propose to pass, it is not necessary to issue notice to or hear the fourth
respondent.
2. The petitioner is the registered owner of a tractor bearing
registration No.KL-10B-392. The petitioner states that his brother, the
fourth respondent unauthorizedly used the said vehicle and transported
river sand without his consent and knowledge and that in the course of
such transportation, the tractor was seized by the third respondent Sub
Inspector of Police. He submits that from 20.8.2009 onwards the vehicle
is in the custody of the third respondent and that though nearly three
weeks have been passed after his vehicle was seized, the District
Collector to whom the matter has been reported, has not passed orders
in the matter. In this writ petition, the petitioner inter alia seeks a
direction to the respondents to release the vehicle to him.
3. The pleadings disclose that without moving the District
Collector who is the competent authority to pass orders under the Kerala
Protection of River Banks and Regulation of Removal of Sand Act, 2001,
the petitioner has straight away approached this Court seeking release of
W.P(C) No. 25357 of 2009-L : 2 :
the vehicle seized by the third respondent. 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 my opinion, in
view of the authoritative pronouncement of this Court in Subramanian V.
State of Kerala (Supra) the remedy of the petitioner lies in moving the
District Collector.
I accordingly dispose of this writ petition with a direction that in the
event of the petitioner moving the District Collector, Malappuram seeking
interim custody of the tractor bearing registration No.KL-10B/392, the
District Collector shall consider the same and pass orders thereon with
notice to the petitioner and the fourth respondent within two weeks from
the date on which the petitioner moves the District Collector for interim
custody. The District Collector shall also pass final orders in the
proceedings initiated under the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001 within four months from today,
after affording the petitioner and the fourth respondent a reasonable
opportunity of being heard.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
ab PA to Judge