Ratheesh vs The Circle Inspector Of Police on 10 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35594 of 2009(T)


1. RATHEESH,S/O.ARAVINDAGHOSH,
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,ERNAKULAM.

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :10/12/2009

 O R D E R

P.N.RAVINDRAN, J.

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W.P.(C) Nos.35594 of 2009 – T

——————————————
Dated 10th December, 2009

Judgment

The petitioner is the registered owner of a goods vehicles

bearing registration No.KL-8/AD-4426. The said vehicle was

seized by the first respondent on 3.12.2009 on the allegation that

it was used to transport river sand without a valid pass. A report

was thereupon submitted to the District Collector, Ernakulam.

The petitioner thereafter submitted Ext.P2 petition dated

4.12.2009 before the District Collector 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 seeks a direction to 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, held that the

District Collector has the power to release any vehicle seized and

WP ) No.35594/2009 -:2:-

produced before him by way of interim custody. I accordingly

dispose of this writ petition with the following directions:

(i) The District Collector, Ernakulam 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, Ernakulam 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

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