IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27601 of 2009(U)
1. C.K.ABDUL RAHIMAN, S/O.KABEER,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, PALAKKAD.
... Respondent
2. THE S.I.OF POLICE, MANKARA POLICE
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :01/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 27601 OF 2009
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Dated this the 1st day of October, 2009
J U D G M E N T
Heard Sri.P.Vijaya Bhanu, 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-48-4537. The said vehicle was seized by
the second respondent on 25.7.2009 on the ground that it was used
to transport river sand without a valid pass. After seizure, the
vehicle was produced before the District Collector, Palakkad. The
petitioner submits that though he had submitted Ext.P1 application
before the District Collector, Palakkad, on 10.8.2009 seeking interim
custody of his 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.P1
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
W.P.(C) No. 27601/09
2
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 am of the opinion that the District Collector should
consider Ext.P1 application and pass orders thereon expeditiously. I
accordingly dispose of this writ petition with the following directions.
(i) The District Collector, Palakkad, shall, within seven 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, Palakkad, 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, Palakkad, shall after final
orders are passed, communicate a copy thereof to the petitioner
expeditiously.
P.N.RAVINDRAN, JUDGE
vps