Sharafudeen Haneefa vs The District Collector on 23 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30019 of 2009(V)


1. SHARAFUDEEN HANEEFA, MUKALUVILA
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, PUNNAPRA.

3. K.ABDUL RAHIMAN, 10/189 EANTHALPALAM,

                For Petitioner  :SRI.T.P.PRADEEP

                For Respondent  : No Appearance

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

 Dated :23/10/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                    -----------------------------
                       W.P(C) No.30019 of 2009-V
                   ------------------------------
               Dated this the 23rd day of October, 2009.

                               J U D G M E N T

Heard Sri.T.P.Pradeep, 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 registered owner of a goods vehicle

bearing registration No.KL-31A-1368. The said vehicle was seized by

the second respondent on 15.10.2009, on the allegation that it was used

to transport river sand without a valid pass and produced before the first

respondent. The petitioner submits that seeking interim custody of the

vehicle he had submitted Ext.P4 representation dated 15.10.2009 before

the District Collector, Alappuzha. The grievance voiced by the petitioner

in this writ petition is that till date, orders have not been passed on the

request made by him in Ext.P4. In this writ petition, the petitioner inter

alia seeks a direction to the respondents to release the vehicle described

in Ext.P1 certificate of registration 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 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 such circumstances, I am of the opinion that the

District Collector should have considered the request made by the

petitioner for interim custody of the vehicle and passed orders thereon.

I accordingly dispose of this writ petition with the following directions:

i) The District Collector shall within seven days from the date

on which the petitioner produces a certified copy of this judgment pass

orders granting interim custody of the vehicle to him on such terms and

conditions as he may deem fit to impose.

ii) The District Collector 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 within three months from such date after affording the

petitioner a reasonable opportunity of being heard. The District Collector

shall pass an order giving reasons in support of his conclusions and shall

communicate a copy thereof to the petitioner expeditiously. The

contentions of the petitioner on the merits are kept open.

P.N.RAVINDRAN
JUDGE

ab