IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29076 of 2009(D)
1. MOIDUTTY K.A., S/O. ABUBACKER, KADAVATH
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,CIVIL
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.29076 of 2009
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Dated this the 15th day of October, 2009
JUDGMENT
The petitioner is the registered owner of a goods vehicle
bearing registration No.KL-50-8519. The said vehicle was seized
and produced before the District Collector, Palakkad on
18/7/2009 on the allegation that it was used to transport river
sand without a valid pass. The petitioner thereafter moved the
District Collector by filing Ext.P2 representation dated
9/10/2009 seeking interim custody of his vehicle. In this writ
petition, the petitioner seeks a direction to the District Collector
to grant him interim custody of the vehicle.
2. 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 my opinion, since the petitioner has already
W.P.(C)No.29076 of 2009
2
moved the District Collector seeking interim custody of his
vehicle, the District Collector is bound to take a decision thereon
expeditiously.
I accordingly dispose of this writ petition with a direction to
the District Collector, Palakkad to consider the request made by
the petitioner in Ext.P7 representation for interim custody of his
vehicle bearing registration No.KL-50-8519 and pass orders
thereon granting interim custody within one week from the date
on which the petitioner produces a certified copy of this
judgment before him, subject to such terms and conditions as he
may deem fit to impose. The District Collector shall also pass
final orders in the matter, within three months from the said
date, after affording the petitioner a reasonable opportunity of
being heard. The contentions of the petitioner on the merits are
kept open.
P.N.RAVINDRAN, JUDGE
skj.