High Court Kerala High Court

Sreejesh vs The District Collector on 17 September, 2009

Kerala High Court
Sreejesh vs The District Collector on 17 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26166 of 2009(M)


1. SREEJESH,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,MALAPPURAM.
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOBI JOSE KONDODY

                For Respondent  : No Appearance

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

 Dated :17/09/2009

 O R D E R
                             P.N.RAVINDRAN, J.
                    -----------------------------
                       W.P(C) No.26166 of 2009-M
             Dated------------------------------
                     this the 17th day of September, 2009.

                               J U D G M E N T

Heard Sri.Jobi Jose Kondody, the learned counsel appearing for the

petitioner and Sri.P.Narayanan, the learned Government Pleader

appearing for the respondents.

2. The petitioner is the owner of a mini lorry bearing

registration No.KL-9N 6395. The vehicle stands registered in the name

of Sri.Abdul Salam. The petitioner states that he purchased the said

vehicle from the registered owner on 29.5.2008 and that he is the owner

of the vehicle ever since 29.5.2008. The petitioner states that the said

vehicle was seized by the second respondent, on 13.9.2009, on the

allegation that it was used to transport river sand without a valid pass

and produced before the District Collector, Malappuram. The petitioner

submits that his vehicle was illegally seized and proceedings initiated

against him under the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001 for no justifiable reason. The petitioner also

contends that the sand that was carried in his lorry was supported by a

valid pass. In this writ petition, the petitioner seeks a writ in the nature of

mandamus commanding the first respondent to release the goods vehicle

bearing Registration No. KL-9N 6395 to him.

W.P(C) No.26166 of 2009-M 2

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, the

petitioner should move the first respondent seeking interim custody of

the vehicle instead of seeking the intervention of this Court. I

accordingly dispose of this writ petition with the following directions:

a) The District collector, Malappuram, shall in the event of the

petitioner filing a petition before him seeking interim custody of the

vehicle, issue orders within ten days therefrom, granting interim custody

of the vehicle to the petitioner on such terms and conditions as he may

deem fit to impose.

(b) 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, with notice to the

petitioner and after affording him a reasonable opportunity of being

heard, within four months from today.

Sd/-


                                      P.N.RAVINDRAN
ab                                          JUDGE

W.P(C) No.26166 of 2009-M    3




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