IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36292 of 2009(F)
1. ANWAR SADIK.K,S/O.ABDU RAHIMAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,KOZHIKODE.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :16/12/2009
O R D E R
P.N.RAVINDRAN, J
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W.P.(C).36292/2009
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Dated this the 16th day of December, 2009
JUDGMENT
The petitioner is the registered owner of a goods vehicle
bearing registration No.KL-08/9856, which was seized by the
Sub Inspector of Police, Mavoor Police station on the allegation
that it was used to transport river sand without a valid pass.
A report was thereafter submitted to the District Collector,
Kozhikode. The petitioner thereupon filed Ext.P1
representation before the District Collector seeking interim
custody of the vehicle. The grievance voiced by the petitioner
in this writ petition is that, till date, orders have not been
passed thereon. In this writ petition, the petitioner seeks a
direction to the respondents to release the vehicle to him by
way of interim custody.
2. 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 release any vehicle
which is seized and produced before him, by way of interim
W.P.(C).36292/09
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custody. In such circumstances, as the petitioner has moved
the District Collector in writing seeking interim custody of his
vehicle, I dispose of this writ petition with the following
directions:
(i). The District Collector, Kozhikode, shall, within one
week from the date on which the petitioner produces a
certified copy of this judgment before him, grant interim
custody of the vehicle to him on such terms and conditions as
he may deem fit. The District Collector shall inter alia
stipulate that if after such interim custody is granted the
vehicle is involved in a similar offence, it will be liable for
immediate seizure in which event it shall not be released until
the proceedings already initiated or to be initiated are
finalized and subject to the terms and stipulations in the final
order.
(ii). The District Collector, Kozhikode, shall pass final
orders in the proceedings initiated by him under the Kerala
Protection of River Banks and Regulation of Removal of Sand
Act, 2001 and the Rules framed thereunder expeditiously and,
in any event, within two months from the date on which the
petitioner produces a certified copy of this judgment before
him, after notice to and affording the petitioner a reasonable
W.P.(C).36292/09
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opportunity of being heard. The District Collector shall after
orders are passed, communicate a copy thereof to the
petitioner.
Sd/-
P.N.RAVINDRAN,
Judge
mrcs
true copy
P.A. To Judge.