IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31335 of 2009(J)
1. KHADER, S/O.KUNJUMOHAMMED,
... 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 :04/11/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.31335 of 2009-J
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Dated this the 4th day of November, 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 owner of a mini lorry bearing
registration No.KL-8-AJ-9846. The said vehicle was seized by the first
respondent, on 1.11.2009, 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 had submitted Ext.P1 representation dated 2.11.2009 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.P1. 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
W.P(C) No.31335 of 2009-J 2
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 in Ext.P1 for interim custody of his vehicle and passed orders
thereon. I accordingly dispose of this writ petition with the following
directions:
i) The District Collector, Thrissur 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, Thrissur 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 of the vehicle 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 and the registered owner expeditiously.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
ab PA to Judge