Shameer P vs The District Collector on 1 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27693 of 2009(F)


1. SHAMEER P, S/O. MUHAMMEDALI, AGED
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

3. SUB INSPECTOR OF POLICE, VALANCHERY

                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. 27693 of 2009 – F

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Dated 1st October, 2009

Judgment

The petitioner is the registered owner of a goods vehicle

bearing registration No.KL/05-A 5307. The said vehicle was seized

by the second respondent Circle Inspector of Police and produced

before the District Collector, Malappuram on 23.6.2009 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

W.P.(C) No.27693/2009 2

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

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 described in Ext.P1

registration certificate to the petitioner 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 a reasonable opportunity of being heard.

P.N.RAVINDRAN
Judge

vaa