IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14722 of 2009(I)
1. SAIDU,S/O.KHADER,MOONANGADI,P.P.KARA,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,MALAPPURAM.
... Respondent
2. THE TAHSILDAR,TIRUR.
3. THE SUB INSPECTOR OF POLICE,TIRUR.
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :28/05/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.14722 of 2009
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Dated this the 28th May,2009
J U D G M E N T
Petitioner claims to be the owner of a Mini Lorry
bearing Reg.No.KL-11-K 5148 which was seized on
5.5.2009 when it was transporting river sand. According
to the Petitioner, the sand was being transported with
the aid of a valid permit. Subsequent to the seizure, the
petitioner moved the concerned Magistrate with an
application for release of the vehicle, which was
dismissed. Petitioner is aggrieved that no further steps
have been taken in the matter of release of the vehicle.
2. When the vehicle is seized, the same will have
to be produced before the District Collector who will have
to proceed in terms of Section 23 of the Kerala Protection
of River Banks and Regulation of Removal of Sand Act
read with Rules 27 and 28 of the Rules. It is up to the
petitioner to approach the District Collector for release of
the petitioner’s vehicle, which has not been done so far.
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2. In the result, it is ordered that if the petitioner
files an application before the District Collector for release
of the vehicle, the same shall be dealt with in accordance
with law in the light of the observations contained in
Shoukathali Vs. Tahasildar [2009 (1) KLT 640,
Subramanian Vs. State of Kerala [2009 (1) KLT 77) and the
judgment in WPC No.14319 of 2009. Final orders shall be
passed within three months. But if an application for
interim custody of the vehicle is filed, it shall be dealt with
and orders shall be passed subject to the conditions
indicated in Shoukathali Vs. Tahasildar [2009 (1) KLT 640,
Subramanian Vs. State of Kerala [2009 (1) KLT 77) and the
judgment in WPC No.14319 of 2009 within three weeks
from the date on which the application is filed.
The writ petition is disposed of as above.
(V.GIRI,JUDGE)
ma
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