Sidheeque vs The District Collector on 29 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27208 of 2009(U)


1. SIDHEEQUE, S/O.ALI,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. S.I. OF POLICE,

                For Petitioner  :SRI.JAMSHEED HAFIZ

                For Respondent  : No Appearance

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

 Dated :29/09/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                    -----------------------------
                       W.P(C) No.27208 of 2009-U
             Dated------------------------------
                     this the 29th day of September, 2009.

                              J U D G M E N T

Heard Sri.Jamsheed Hafiz, 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 goods vehicle bearing

registration No.KL-5B-V-1785. The said vehicle was seized by the

second respondent on 11.9.2009, 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.P2 representation dated 14.9.2009 before

the District Collector, Malappuram. 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.P2. In this writ petition, the

petitioner inter alia seeks a writ in the nature of mandamus commanding

the respondents to release the vehicle to him.

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.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge
ab