IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28179 of 2009(N)
1. SHAHID T, S/O. HAMSA,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, COLLECTORATE,
... Respondent
2. SUB INSPECTOR OF POLICE,PAZHAZYANNUR
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/10/2009
O R D E R
P.N.RAVINDRAN,J.
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W.P.(C) No.28179 of 2009 – N
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Dated 7th October, 2009
Judgment
Heard Sri.Shoby K. Francise, the learned counsel appearing for
the petitioner and Sri.P.N.Santhosh, the learned Government Pleader
appearing for the respondents.
2. The petitioner is the owner of a mini lorry bearing registration
No.KL/07AY – 5130 under an agreement of sale. The said vehicle was
seized by the second respondent and produced before the District
Collector, Thrissur on 26.9.2009 on the allegation that it was used to
transport river sand without a valid pass. The petitioner thereafter
moved the District Collector by submitting Ext.P2 representation on
28.9.2009. The petitioner’s grievance is that notwithstanding the
request made by him in Ext.P2, the District Collector has not so far
released the vehicle to him by way of interim custody. In this writ
petition, the petitioner seeks a direction to the District Collector to
release the vehicle belonging to him by way of interim custody.
3. 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
W.P.(C) No.28179/2009 -:2:-
Regulation of Removal of Sand Act, 2001, held that the District
Collector has the power to direct release of any vehicle which is seized
and produced before him by way of interim custody. In my opinion, in
the light of the decision of this Court in Subramanian v. State of
Kerala (supra), the District Collector has to consider the request made
by the petitioner for interim custody of the vehicle and pass orders
thereon. I accordingly dispose of the writ petition with the following
directions:
(1) The District Collector, Thrissur shall consider the request
made by the petitioner for interim custody of his vehicle and release
the vehicle by way of interim custody within seven days from the date
on which the petitioner produces a certified copy of this judgment
before the District Collector on such terms and conditions as he may
deem fit to impose; and
(2) The District Collector, Thrissur shall pass final orders in the
matter pending before him expeditiously and, in any event, within
three months from such date, after affording the petitioner a
reasonable opportunity of being heard. The petitioner’s contentions on
the merits are kept open.
P.N.RAVINDRAN
Judge
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