IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 29583 of 2009(P) 1. JIYO, S/O.JOHN PADAMADINMEL, ... Petitioner Vs 1. THE SUB INSPECTOR OF POLICE ... Respondent 2. THE DISTRICT COLLECTOR, THRISSUR. For Petitioner :SRI.P.M.ZIRAJ For Respondent : No Appearance The Hon'ble MR. Justice P.N.RAVINDRAN Dated :20/10/2009 O R D E R P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.29583 of 2009-P ------------------------------ Dated this the 20th day of October, 2009. J U D G M E N T
Heard Sri.P.M.Ziraj, 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-09-S-4857. The said vehicle was seized by
the first respondent Sub Inspector of Police, on 9.10.2009, on the
allegation that it was used to transport river sand without a valid pass
and produced before the second respondent. The petitioner submits
that seeking interim custody of the vehicle he has submitted Ext.P2
representation dated 12.10.2009 before the District Collector, Thrissur.
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.P2. 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 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.
PA to Judge