High Court Kerala High Court

Krishnan Kutty vs State Of Kerala on 21 December, 2009

Kerala High Court
Krishnan Kutty vs State Of Kerala on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36835 of 2009(Y)


1. KRISHNAN KUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE

                For Petitioner  :SRI.VARUGHESE M EASO

                For Respondent  : No Appearance

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

 Dated :21/12/2009

 O R D E R
                        P.N.RAVINDRAN, J.
                        ---------------------------
                     W.P.(C) No. 36835 OF 2009
                         --------------------------
             Dated this the 21st day of December, 2009

                          J U D G M E N T

Heard Sri. Varghese M.Easo, 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-13L 7293. The said vehicle was seized

by the second respondent on 12.12.2009 on the allegation that it

was used to transport river sand without a valid pass. A report was

thereafter submitted to the District Collector, Pathanamthitta. The

petitioner thereupon moved the District Collector by filing Ext.P2

application dated 12.12.2009 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.

3. A learned single Judge of this Court has in Subramanian

v. State of Kerala (2009 (1) KLT 77) while upholding the

W.P.(C) No. 36835/09
2

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, Pathanamthitta, 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.

(ii) The District Collector, Pathanamthitta, shall pass final

orders in the proceedings initiated by him within two months from the

W.P.(C) No. 36835/09
3

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

vps