Muhammed Nazeer vs Sub Inspector Of Police on 18 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19004 of 2010(A)


1. MUHAMMED NAZEER,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE, ALUVA.
                       ...       Respondent

2. DISTRICT COLLECTOR, ERNAKULAM.

                For Petitioner  :SRI.E.D.GEORGE

                For Respondent  : No Appearance

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

 Dated :18/06/2010

 O R D E R
                          P.N.RAVINDRAN, J.
                -----------------------------------------
                      W.P(C).No.19004 of 2010
                -----------------------------------------
               Dated this the 18th day of June, 2010

                              JUDGMENT

The petitioner is the registered owner of a goods vehicle bearing

registration No.KL-8-P/5562. The said vehicle was seized by the Sub

Inspector of Police, Aluva on 2-2-2010 on the allegation that it was

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

thereupon submitted to the District Collector, Ernakulam, who initiated

proceedings against the vehicle under the provisions of the Kerala

Protection of River Banks and Regulation of Removal of Sand Act,

2001. The petitioner thereupon moved the District Collector seeking

interim custody of the vehicle. On that application the District

Collector passed Ext.P4 order dated 27-4-2010 directing release of the

vehicle by way of interim custody in the event of the petitioner

depositing one half of the value of the vehicle which was determined at

Rs.1,80,000/-. Ext.P4 is under challenge in this writ petition.

2. The pleadings disclose that the petitioner’s vehicle was seized

on 2-2-2010 and Ext.P4 order granting interim custody of the vehicle

was passed on 27-4-2010. More than four months have passed after

the vehicle was seized and nearly two months have passed after

interim custody was ordered. In such circumstances I am of the

W.P(C).No.19004 of 2010
-:2:-

opinion that the District Collector should take a final decision in the

matter expeditiously.

I accordingly dispose of this writ petition with a direction to the

District Collector, Ernakulam to pass final orders in the proceedings

initiated by him expeditiously and in any event within one month from

the date on which the petitioner produces a certified copy of this

judgment before him. The District Collector shall, before passing final

orders in the matter, afford the petitioner a reasonable opportunity of

being heard. The District Collector shall, after orders are passed in the

matter, communicate a copy thereof to the petitioner.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

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W.P(C).No.19004 of 2010

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JUDGMENT

18th June, 2010