IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36064 of 2009(C)
1. JAYAN, S/O. SANKARANKUTTY NAIR,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, PALAKKAD.
... Respondent
2. THE SUB INSPECTOR FO POLICE,
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/12/2009
O R D E R
P.N.RAVINDRAN, J.
-------------------------------------
W.P.(C) No. 36064 OF 2009 - C
-------------------------------------
Dated this the 15th day of December, 2009
J U D G M E N T
Heard Sri. P.Ramachandran, the learned counsel appearing
for the petitioner and Sri. P.Narayanan, the learned Government
Pleader appearing for the respondents.
2. The petitioner is the registered owner of a goods vehicle
bearing registration No.KL/03N-9382. The said vehicle was
seized by the second respondent on 27.10.2009 and handed over
to the first respondent on the allegation that it was used to
transport river sand without a valid pass. A report was thereafter
submitted to the District Collector, Palakkad. The petitioner
thereupon moved the District Collector by filing Ext.P2 application
dated 3.12.2009 seeking interim custody of his vehicle. The
grievance voiced by the petitioner is that, 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.P2 application and pass orders
thereon granting interim custody of the vehicle to him
expeditiously.
WP ) No.36064/2009 2
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 dispose of this writ petition with the
following directions:
(i) The District Collector, Palakkad, shall, within 7 days
from the date on which the petitioner produces a certified copy of
this judgment before him, issue orders granting interim custody
of the vehicle to the petitioner on such terms and conditions as
he may deem fit to impose. If the vehicle is already involved in
the commission of a similar offence or offences, it will be open to
the District Collector to decline to release the vehicle by way of
interim custody. If likewise, after interim custody is given, the
vehicle is involved in a similar offence, it will be open to the
District Collector to order immediate seizure of the vehicle
notwithstanding the fact that interim custody is given pursuant to
this order.
W.P. ) No. 36064/2009 3
(ii) The District Collector, Palakkad, shall pass final orders
in the proceedings initiated by him within two months from the
date on which the petitioner produces a certified copy of this
judgment, after notice to and affording the petitioner, a
reasonable opportunity of being heard. The District Collector shall
after final orders are passed, communicate a copy thereof to the
petitioner expeditiously. The contentions of the petitioner on the
merits are kept open.
P.N.RAVINDRAN
Judge
vaa