IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31421 of 2009(W)
1. NAUFAL, S/O.MUHAMMED,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE TAHSILDAR, PERINTHALMANNA.
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/11/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 31421 of 2009-W
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Dated this the 4th day of November, 2009.
J U D G M E N T
Heard Sri.U.K.Devidas, 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-10/A-7679. The said vehicle was intercepted
and seized by the second respondent on 23.10.2009 at 4.45 pm, on the
allegation that there was a short delay of 25 minutes in reaching the
destination. In this writ petition, the petitioner challenges the seizure of
his vehicle and seeks a direction to the respondents to release the vehicle
to him.
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 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
petitioner should move the District Collector in writing, setting out the
contentions raised in this writ petition and pointing out the fact that the
W.P(C) No. 31421 of 2009-W 2
sand transported was covered by a valid pass and that it was seized only
because of the fact that there was a short delay of 25 minutes in reaching
the destination mentioned in the pass. I accordingly dispose of this writ
petition with the following directions:
i) The District Collector, Malappuram shall in the event of the
petitioner filing an appropriate representation seeking interim custody,
release the vehicle to the petitioner by way of interim custody on the
petitioner depositing the sum of Rs.25,000/-. It will open to the District
Collector to impose conditions other than deposit of money while
granting interim custody. The vehicle shall be released on the day the
petitioner deposits the sum of Rs.25,000/-.
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 within three months from such date, after affording the
petitioner a reasonable opportunity of being heard. The District Collector
shall pass an order giving reasons in support of his conclusions and shall
communicate a copy thereof to the petitioner expeditiously. The
contentions of the petitioner on the merits are kept open.
Sd/-
P.N.RAVINDRAN
ab JUDGE