KURIAKOSE v. THE SUB INSPECTOR OF POLICE

P.N.RAVINDRAN, J.-----------------------------W.P(C) No.27901 of 2009-G ------------------------------Dated this the 6th day of October, 2009.J U D G M E N T Heard Sri.P.M.Ziraj, the learned counsel appearing for thepetitioner and Sri.P.N.Santhosh, the learned Government Pleaderappearing for the respondents. 2.The petitioner claims that he is the owner of a lorry bearingregistration No.KL-08-R-7112. The said vehicle was seized by the firstrespondent Sub Inspector of Police, on 6.6.2009, on the allegation that itwas used to transport river sand without a valid pass and producedbefore the second respondent. The petitioner submits that seekinginterim custody of the vehicle he had submitted Ext.P3 representationdated 8.6.2009 before the District Collector, Thrissur. The grievancevoiced by the petitioner in this writ petition is that till date, orders havenot been passed on the request made by him in Ext.P3. In this writpetition, the petitioner inter alia seeks a writ in the nature of mandamuscommanding 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 constitutionalvalidity 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 W.P(C) No.27901 of 2009-G : 2 :release of any vehicle which is seized and produced before him, by way ofinterim custody. In such circumstances, I am of the opinion that theDistrict Collector should have considered the request made by thepetitioner for interim custody of the vehicle bearing registration No. KL-08-R-7112 and passed orders thereon. I accordingly dispose of this writpetition with the following directions:i)The District Collector, Thrissur shall within seven days fromthe date on which the petitioner produces a certified copy of thisjudgment pass orders granting interim custody of the vehicle to him onsuch terms and conditions as he may deem fit to impose.ii)The District Collector shall pass final orders in theproceedings initiated by him under the Kerala Protection of River Banksand Regulation of Removal of Sand Act, 2001 and the rules framedthereunder within three months from such date after affording thepetitioner and the registered owner a reasonable opportunity of beingheard. The District Collector shall pass an order giving reasons insupport of his conclusions and shall communicate a copy thereof to thepetitioner expeditiously. Sd/-P.N.RAVINDRAN, JUDGE //True Copy//PA to Judgeab