IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14604 of 2009(U)
1. PRATHEESH M.V., S/O. VELAYUDHAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE DISTRICT COLLECTOR,
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/05/2009
O R D E R
V.GIRI,J.
-------------------------
W.P ( C) No.14604 of 2009
--------------------------
Dated this the 28th May,2009
J U D G M E N T
The petitioner is aggrieved by what is claimed as
illegal seizure and detention of Lorry by the 1st
respondent on 13.5.2009. Going by Exhibit-P2 Seizure
Mahazar, lorry has been seized for the infraction of the
provisions of Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2002. It is open to the
petitioner to approach the District Collector , invoking his
powers under Rules 27 and 28 of the Kerala Protection of
River Banks and Regulation of Removal Sand Rules for
release of the vehicle.
2. If such an application is filed by the petitioner,
the District Collector shall cause an enquiry to be
conducted and pass orders as early as possible. If the
District Collector feels that the enquiry into the
application will take time then the District Collector shall
consider the application for release of the vehicle on
W.P ( C) No.14604 of 2009
2
interim custody. This shall be done keeping in mind the
observations of this Court in Subramanian Vs. State of
Kerala [ 2009(1) KLT 77] as also the observations
contained in Shoukathali Vs. Tahasildar [2009(1) KLT 640]
and the judgment of this Court in WPC No.14319 of 2009
clarifying the observations made in Subramanian’s case.
Final orders under Section 23 of the Kerala Protection of
River Banks and Regulation of Removal of Sand Act shall
be passed within three months from the date of receipt of a
copy of this judgment.
Petitioner shall produce a copy of the representation
along with copy of this judgment and a copy of the
judgments in Subramanian’s case and Shoukathali’s case.
If motion is made for release of the vehicle on interim
custody, orders thereon shall be passed within three
weeks in the light of the directions issued above.
(V.GIRI,JUDGE)
ma
W.P ( C) No.14604 of 2009
3
W.P ( C) No.14604 of 2009
4