IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18513 of 2009(H)
1. ANIL KUMAR.V.R., AGED 30 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.S.SHANAVAS KHAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :10/07/2009
O R D E R
V.GIRI, J
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W.P.(C)s.18513 &18447/2009
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Dated this the 10th day of July, 2009
JUDGMENT
Common contentions are raised in the writ petitions.
Therefore, they have been heard together and and are
being disposed of by a common judgment. I will refer to
the facts in Writ Petition No.18513/2009 in the first
instance.
2. Petitioner is the registered owner of a Swaraj
Mazda mini lorry which was originally seized by the 2nd
respondent on the ground that it was found transporting
river sand unauthorizedly. Vehicle was released to the
petitioner on interim custody by orders of the Judicial
Magistrate of First Class, Ranny. Thereafter, the 1st
respondent passed an order, Ext.P3, directing seizure of
the vehicle. This was interdicted by this Court in Writ
Petition No.4330/2009 as evidenced by Ext.P4 judgment.
Though the 1st respondent has taken steps to pass final
orders under Section 23 of the Kerala Protection of River
Banks and Regulations of Removal of Sand Act, 2001, that
has not been done. In the meanwhile, the case is posted for
a hearing before the District Collector on 15.7.2009. Writ
W.P.(C).18513 &18447/09
2
petition has been filed alleging that the vehicle was taken
into custody by the 2nd respondent again even before orders
have been passed by the District Collector.
3. Learned Government Pleader, on instructions, submits
that the vehicle has not been seized and the petitioner is
free to use it. The seizure will be only in consequence of
the final order that the District Collector may pass after
hearing the petitioner. This submission is recorded. It is
declared that the petitioners are therefore, entitled to use
the vehicles bearing registration Nos.KL-2 N 2728, KL-
7/7326 and KL-5 H 4574, as if they have not been seized.
Any seizure shall only be subject to the final order that the
District Collector may pass under Section 23 of the Act.
The police officials who are allegedly preventing the
petitioners from using the vehicle shall take note of this
declaration and act accordingly.
Writ petitions are disposed of as above.
V.GIRI,
Judge
mrcs