IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28394 of 2009(T)
1. NOUSHAD, S/O.MOHAMMED,
... Petitioner
Vs
2. THE DISTRICT COLLECTOR,
... Respondent
1. THE STATE OF KERALA REPRESENTED
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 28394 OF 2009
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Dated this the 9th day of October, 2009
J U D G M E N T
Heard Sri. P.Samsudin, the learned counsel appearing for the
petitioner and Sri. P.Narayanan, the learned Government Pleader
appearing for the respondents.
2. The petitioner is the registered owner of a goods vehicle bearing
registration No.KL-10C-2488. The said vehicle was seized by the third
respondent on 20.8.2009 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 dated 3.10.2009 before the District
Collector, Malappuram, 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 second
respondent to consider Ext.P1 application and pass orders thereon
granting 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 Regulation of Removal
W.P.(C) No. 28394/09
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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 7 days 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. The
contentions of the petitioner on the merits are kept open.
P.N.RAVINDRAN, JUDGE
vps
W.P.(C) No. 28394/09
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