Muhamed vs The District Collector on 13 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28853 of 2009(B)


1. MUHAMED, S/O.KUNHIMOIDU,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE, MELATTUR

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

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

 Dated :13/10/2009

 O R D E R

P.N.RAVINDRAN,J.

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W.P.(C) No. 28853 of 2009 – B

—————————————-

Dated 13th October, 2009

Judgment

The petitioner is the registered owner of a a goods

vehicle bearing registration No.KL/10C-2403. The said vehicle

was seized by the second respondent and produced before the

District Collector, Malappuram on 24.9.2009 on the allegation

that it was used to transport river sand without a valid pass.

The petitioner submits that though he had submitted Ext.P2

application dated 5.10.2009 before the District Collector

seeking interim custody of his vehicle, till date, orders have

not been passed thereon. In this writ petition, the petitioner

seeks a writ in the nature of mandamus commanding the

respondents to release his vehicle to him expeditiously.

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 release any

W.P.(C) No.28853/2009 2

vehicle seized and produced before him by way of interim

custody. I accordingly dispose of this writ petition with the

following directions:

(i) The District Collector, Malappuram shall, within one

week from the date on which the petitioner produces a

certified copy of this judgment, release the vehicle to him on

such terms and conditions as he may deem fit to impose;

(ii) The District Collector, Malappuram 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 expeditiously and,

in any event, within three months from the date on which the

petitioner produces a certified copy of this judgment before

him after notice to and affording him a reasonable opportunity

of being heard.

P.N.RAVINDRAN
Judge

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