High Court Kerala High Court

T.Arun Prasad vs The Sub Inspector Of Police on 18 September, 2009

Kerala High Court
T.Arun Prasad vs The Sub Inspector Of Police on 18 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26401 of 2009(U)


1. T.ARUN PRASAD, S/O.K.THIRUMALAISAMY,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE, KOLLANGODE.
                       ...       Respondent

2. THE DISTRICT COLLECTOR, PALAKKAD.

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  : No Appearance

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

 Dated :18/09/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                  -----------------------------
                     W.P(C) No. 26401of 2009-U
                  ------------------------------
              Dated this the 18 day of September, 2009.

                            J U D G M E N T

Heard Sri.K.V.Gopinathan Nair, the learned counsel appearing for

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

appearing for the respondents.

2. The petitioner is the registered owner of a good carriage

bearing registration No.TN-30/T 4466. The said vehicle was seized by

the first respondent Sub Inspector of Police, Kollangode on 23.8.2009

while transporting river sand from the State of Tamil Nadu to

Govindapuram, on the ground that it was used to transport river sand

without a valid pass issued under the Kerala Protection of River Banks &

Regulation of Removal of Sand Act, 2001 and the rules framed

thereunder. After seizure, the vehicle was produced before the District

Collector, Palakkad. Though the petitioner moved the District Collector,

Palakkad by submitting Ext.P8 representation dated 10.9.2009 requesting

him to release the vehicle, till date orders have not been passed thereon.

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

mandamus commanding the second respondent to release the vehicle to

him together with the goods carried therein after verifying the

documents produced by him. In the alternative, the petitioner seeks a

W.P(C) No. 26401of 2009-U 2

writ in the nature of mandamus commanding the respondents to consider

the request made by him in Ext.P8 for interim custody of the vehicle.

3. A learned Single Judge of this Court has in Subramanian V.

State of Kerala (2009(1) KLT 77) 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 my opinion, since the

petitioner has already moved the District Collector seeking interim

custody of his vehicle, the District Collector is bound to take a decision

thereon expeditiously.

I accordingly dispose of this writ petition with a direction to the

District Collector, Palakkad to consider the request made by the

petitioner in Exts.P8 representation for interim custody of his vehicle

bearing registration No. TN-30/T 4466 and pass orders thereon within

ten days from the date on which the petitioner produces a certified copy

of this judgment before him. The District Collector shall also pass final

orders in the matter, within three months from the said date, after

affording the petitioner a reasonable opportunity of being heard. The

contentions of the petitioner on the merits are kept open.

Sd/-

                                     P.N.RAVINDRAN
ab                                         JUDGE
                    //True Copy//

                                     PA to Judge