Shajan K.K. vs The District Collector on 1 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27694 of 2009(F)


1. SHAJAN K.K., S/O. KRISHNAN, AGED 30
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

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

 Dated :01/10/2009

 O R D E R

P.N.RAVINDRAN,J.

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W.P.(C) No. 27694 of 2009 – F

—————————————-
Dated 1st October, 2009

Judgment

The petitioner is the owner of a goods vehicle bearing

registration No.KL/07-AU 5026. The said vehicle was seized by the

second respondent and produced before the District Collector,

Malappuram on 24.9.2009 on the allegation that it was used to

transport river sand without a valid pass. The petitioner thereupon

submitted Ext.P2 application seeking interim custody of his vehicle.

In this writ petition, the petitioner seeks a direction to the

respondents to release the vehicle described in Ext.P1 registration

certificate 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 produced

before him, by way of interim custody. In view of the fact that the

petitioner has already moved the District Collector, Malappuram by

submitting an application, I am of the opinion that the District

W.P.(C) No.27694/2009 2

Collector should pass orders thereon expeditiously. I accordingly

dispose of this writ petition with the following directions:

(i) The District Collector, Malappuram shall, within one week

from the date on which the petitioner produces a certified copy of

this judgment before him, release the vehicle to him on such terms

and conditions as he may deem fit to impose;

(ii) The District Collector, Malappuram 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

three months from the date on which the petitioner produces a

certified copy of this judgment before him after notice to and

affording the petitioner and the registered owner a reasonable

opportunity of being heard.

P.N.RAVINDRAN
Judge

vaa