Jaifar Saddique vs The District Collector on 29 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27236 of 2009(Y)


1. JAIFAR SADDIQUE, S/O.UMMER,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. S.I. OF POLICE,

                For Petitioner  :SRI.JAMSHEED HAFIZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :29/09/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                   -----------------------------
                       W.P(C) No.27236 of 2009-Y
             Dated------------------------------
                    this the 29th day of September, 2009.

                              J U D G M E N T

Heard Sri.Jamsheed Hafiz, the learned counsel appearing for

the petitioner and Sri.P.N.Santhosh, the learned Government Pleader

appearing for the respondents .

2. The petitioner claims that he is the owner of a goods

vehicle bearing registration No.KL-9-A-1171. The said vehicle was

seized by the second respondent on 12.9.2009, on the allegation that it

was used to transport river sand without a valid pass and produced

before the first respondent. The petitioner submits that seeking interim

custody of the vehicle he had submitted Ext.P4 representation dated

14.9.2009 before the District Collector, Malappuram. The grievance

voiced by the petitioner in this writ petition is that till date, orders have

not been passed on the request made by him in Ext.P4. In this writ

petition, the petitioner inter alia seeks a writ in the nature of mandamus

commanding the respondents to release the vehicle to him.

3. 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 such circumstances, I am of the opinion that the

District Collector should have considered the request made by the

petitioner for interim custody of the vehicle and passed orders thereon.

I accordingly dispose of this writ petition with the following directions:

i) The District Collector shall within seven days from the date

on which the petitioner produces a certified copy of this judgment pass

orders granting interim custody of the vehicle to him on such terms and

conditions as he may deem fit to impose.

ii) The District Collector 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 within three months from such date after affording the

petitioner and the registered owner a reasonable opportunity of being

heard. The District Collector shall pass an order giving reasons in

support of his conclusions and shall communicate a copy thereof to the

petitioner expeditiously. The contentions of the petitioner on the merits

are kept open.

Sd/-

P.N.RAVINDRAN,
JUDGE

//True Copy//

PA to Judge
ab