IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34180 of 2009(N)
1. P.P.ISMAIL, S/O.MOHAMMED,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/11/2009
O R D E R
P.N.RAVINDRAN,J.
—————————————-
W.P.(C) No. 34180 of 2009 – N
—————————————-
Dated 26th November, 2009
Judgment
The petitioner is the registered owner of a goods vehicle
bearing registration No.KL8/M 5475. The said vehicle was
seized by the second respondent on 16.11.2009 on the
allegation that it was used to transport river sand without a
valid pass. A report was thereupon sent to the District
Collector. The petitioner thereafter moved the District Collector
by submitting Ext.P2 petition dated 20.11.2009 seeking interim
custody of his vehicle. The grievance voiced by the petitioner
is that till date, orders have not been passed thereon. In this
writ petition, the petitioner seek a writ in the nature of
mandamus directing the respondents to release the vehicle to
him by way of interim custody.
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,
W.P.(C) No.34180/2009 2
held that the District Collector has the power to release any
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 before him, release 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 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 two months from the date on which the
petitioner produces a certified copy of this judgment before
him after notice to and affording the petitioner a reasonable
opportunity of being heard.
P.N.RAVINDRAN
Judge
vaa