IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32149 of 2009(K)
1. T. ABOOBACKER, S/O.MOHAMED,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/11/2009
O R D E R
P.N. RAVINDRAN,J.
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W.P.(C).NO.32149 OF 2009
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DATED THIS THE 11TH DAY OF NOVEMBER, 2009
JUDGMENT
The petitioner is the registered owner of a goods vehicle
bearing registration No.KL-10-L-1726 . The said vehicle was
seized and produced before the District Collector, Palakkad on
21/10/2009 on the allegation that it was used to transport river
sand without a valid pass. The petitioner thereupon filed Ext.P4
representation before the District Collector, Palakkad seeking
interim custody of his vehicle. The grievance voiced by the
petitioner in this writ petition is that till date, orders have not
been passed on Ext.P4. In this writ petition, the petitioner seeks
a direction to the respondents to release the seized vehicle 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
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W.P.(C).Nos.32149/09
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
such circumstances, I dispose of the writ petition with the
following directions:
(i) The District Collector, Palakkad shall, within one
week from the date on which the petitioner produces a certified
copy of this judgment before him, release the vehicle to the
petitioner on such terms and conditions as he may deem fit to
impose.
(ii) The District Collector, Palakkad 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,
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W.P.(C).Nos.32149/09
after notice to and affording the petitioner a reasonable
opportunity of being heard.
P.N.RAVINDRAN,
JUDGE.
kcv.
