IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23169 of 2009(M)
1. K.NOUSHAD, S/O.ALI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
For Petitioner :SRI.JAMSHEED HAFIZ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/08/2009
O R D E R
V.GIRI, J
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W.P.(C).23169/2009
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Dated this the 14th day of August, 2009
JUDGMENT
The petitioner claims to be the registered owner of a
vehicle bearing registration No.KL 10/G 2761, which was
allegedly seized for infraction of the provisions of the Kerala
Protection of River Banks and Regulation of Removal of sand
Act, 2001. He has approached the District Collector, the
respondent, for release of the vehicle and is aggrieved by
the non-consideration of the request.
2. The nature of the power exercised by the District
Collector and the para meters within which such power is to
be exercised have been dealt with by a Bench of this Court in
Sanjayan Vs.Tahasildar [2007 (4) KLT 597]. Principles
have been reiterated in Subramanian Vs. State of Kerala
[2009 (1) KLT 77).
3. In Subramanian’s case, this Court observed that the
power exercised by the District Collector is under Section 23
of the Kerala Protection of River Banks (Protection and
Regulation of removal of sand) Act, 2002. It is also,
W.P.(C).23169/2009
2
therefore, quasi judicial in character. Reasons will have to be
given by the District Collector while passing orders under
Section 23 of the Kerala Protection of River Banks
(Protection and Regulation of removal of sand) Act, 2002 r/w
Rules 27 and 28 of Kerala Protection of River Banks and
Regulation of Removal of Sand Rules 2002. If there is a
contention that the transportation of sand was supported by
a pass issued by the competent local authority, that has to be
referred. The materials which are placed before the District
Collector by the subordinate officials shall also be looked
into. This has been indicated in Subramanian’s case. If
motion is made by the owners of the vehicle for release of
the vehicle on interim custody, it will be subject to the
conditions mentioned in paragraph 58 of the said judgment.
The District Collector may pass orders on such applications
for interim custody. (The scope of the directions contained
in Subramanian’s case have later been dealt with in
Sareesh v. District Collector (2009 (2) KLT 906).
Appropriate clarifications have been issued in the latter
judgment). Further conditions can be imposed in the course
of release of the vehicle as indicated by this Court in
Shoukathali Vs. Tahasildar [2009 (1) KLT 640].
W.P.(C).23169/2009
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4. Keeping in mind the observations made in the
judgments in Shoukathali’s case and Subramanian’s case
and other judgment which have been referred to, the 1st
respondent shall pass final orders in the matter of
confiscation/release of the vehicle in question after
conducting an appropriate enquiry as early as possible, at
any rate within three months from the date of receipt of a
copy of this judgment.
5. In the meanwhile, if motion is made by the petitioner
for interim custody of the vehicle, then orders shall be
passed by the District Collector on the application for
interim custody of the vehicle, after notice to the registered
owner of the vehicle and after hearing him as well, within
three weeks from the date of receipt of a copy of this
judgment in the light of the observations contained in
Shoukathali Vs. Tahasildar [2009 (1) KLT 640,
Subramanian Vs. State of Kerala [2009 (1) KLT 77) and
Sareesh v. District Collector (2009 (2) KLT 906).
W.P.(C).23169/2009
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6. I make it clear that I have not considered the
petitioner’s contentions on merits. It is upto the District
Collector to consider whether the vehicle is to be released
on interim custody or not. It is also upto the District
Collector to consider, in accordance with law, the question as
to whether the vehicle in question has been used in a
manner as to contravene the provisions of the Act and the
Rules framed thereunder and as to whether the vehicle is
liable for confiscation and pass final orders on that basis.
The writ petition is disposed of as above. The
petitioner shall produce copies of the judgment in
Subramanian, Shoukathali and Sareesh along with the
certified copy of this judgment before the respondent, for
compliance.
V.GIRI,
Judge
mrcs