IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27659 of 2009(B)
1. MUSTAFA, S/O.MAYINKUTTY,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,MALAPPURAM.
... Respondent
2. THE S.I.OF POLICE,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :01/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 27659 OF 2009
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Dated this the 1st day of October, 2009
J U D G M E N T
Heard Sri. Babu S.Nair, 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-13A/9945. The said vehicle was seized
by the second respondent on the ground that it was used to
transport river sand without a valid pass. After seizure, the vehicle
was produced before the District Collector, Malappuram. The
petitioner submits that though he had submitted Ext.P1 application
requesting the District Collector to give interim custody of the vehicle
to him, till date, orders have not been passed thereon. In this writ
petition, the petitioner seeks a direction to the respondents to give
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
constitutional validity of the Kerala Protection of River Banks and
W.P.(C) No. 27659/09
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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 am of the opinion that the District Collector should
consider Ext.P1 application and pass orders thereon expeditiously. 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 issue orders granting interim custody of the vehicle to the
petitioner 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 within three months from such
date after notice to and affording the petitioner, a reasonable
opportunity of being heard. The District Collector, Malappuram,
shall after final orders are passed, communicate a copy thereof to the
petitioner expeditiously.
P.N.RAVINDRAN, JUDGE
vps
W.P.(C) No. 27659/09
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