High Court Kerala High Court

T.H. Firoz Babu vs The District Collector on 28 April, 2009

Kerala High Court
T.H. Firoz Babu vs The District Collector on 28 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12697 of 2009(F)


1. T.H. FIROZ BABU,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.G.SANKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :28/04/2009

 O R D E R
              P.R.RAMACHANDRA MENON, J.
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                   W.P.(C) No.12697 OF 2009
                   ---------------------------------------
              Dated this the 28th day of April, 2009


                            JUDGMENT

The grievance of the petitioner is that his lorry bearing

No.KL-7/AQ 5135 has been seized by the second respondent

without passing any order or even preparing any mahazar as

contemplated under the relevant provisions of law. It is further

submitted that the vehicle is not involved in any anti-social

activities as alleged and that there is no contravention of any

provisions of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001.

2. The learned Government Pleader submits that the

petitioner has to approach the first respondent, if at all the

interim custody of the vehicle is sought to be obtained and

asserts that custody of the vehicle was seized since the said

vehicle was found used for transporting river sand illegally.

3. After hearing both sides, it is found that the matter

can be disposed of by permitting the petitioner to approach

the first respondent by filing a proper petition for release of

the interim custody of the vehicle. On such event, it shall be

W.P.(C) No.12697 of 2009
2

considered by the first respondent and pass appropriate orders

in accordance with law, within a period of ten days.

The writ petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE

pac