High Court Kerala High Court

P.P.Musthafa vs The District Collector on 5 August, 2010

Kerala High Court
P.P.Musthafa vs The District Collector on 5 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24544 of 2010(P)


1. P.P.MUSTHAFA,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

                For Petitioner  :SRI.K.B.ARUNKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :05/08/2010

 O R D E R
                         S. SIRI JAGAN, J.
                         ----------------------
                   W.P.(C). No. 24544 of 2010
                 ------------------------------------
              Dated this the 5th day of August, 2010

                          J U D G M E N T

In this writ petition the petitioner is the owner in possession

of a vehicle seized on allegations of illegal transportation of river

sand in violation of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001 & Rules. He seeks

interim custody of the vehicle. In view of conflicting Division

Bench decisions regarding the conditions to be imposed for

interim custody similar writ petitions have been referred to a Full

Bench. A Full Bench of this court has now laid down the

conditions to be complied with for interim custody of vehicles

seized on allegations of illegal transportation of river sand

pending passing of final orders, in W.A. No.885/2010, W.P.(C)

No.18384/2010 and connected cases. Therefore I am of opinion

that the appropriate authority having jurisdiction to give interim

custody of the vehicles has to consider the claim of the

petitioner in this writ petition for interim custody of the vehicle

strictly in accordance with the conditions laid down in the said

judgment of the Full Bench. The appropriate authority shall pass

W.P.(C). No. 24544 / 2010 2

orders in this regard in accordance with the Full Bench decision

as expeditiously as possible at any rate within two weeks from

the date of receipt of a copy of this judgment. However, I make

it clear that if final order has been passed in this case, the

appropriate authority need only insist on complying with the final

order, for releasing of the vehicle.

The learned Government Pleader is directed to forward a

copy of the judgment of the Full Bench to all competent

authorities under the Act for passing orders in accordance with

the Full Bench decision as directed above.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

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