KHADER v. THE SUB INSPECTOR OF POLICE

P.N.RAVINDRAN, J.-----------------------------W.P(C) No.31335 of 2009-J ------------------------------Dated this the 4th day of November, 2009.J U D G M E N T Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitionerand Sri.P.N.Santhosh, the learned Government Pleader appearing for therespondents. 2.The petitioner is the owner of a mini lorry bearingregistration No.KL-8-AJ-9846. The said vehicle was seized by the firstrespondent, on 1.11.2009, on the allegation that it was used to transportriver sand without a valid pass and produced before the secondrespondent. The petitioner submits that seeking interim custody of thevehicle he had submitted Ext.P1 representation dated 2.11.2009 beforethe District Collector, Thrissur. The grievance voiced by the petitioner inthis writ petition is that till date, orders have not been passed on therequest made by him in Ext.P1. In this writ petition, the petitioner interalia seeks a writ in the nature of mandamus commanding therespondents 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.31335 of 2009-J 2release 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 in Ext.P1 for interim custody of his vehicle and passed ordersthereon. I accordingly dispose of this writ petition with the followingdirections: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, Thrissur 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 of the vehicle a reasonableopportunity of being heard. The District Collector shall pass an ordergiving reasons in support of his conclusions and shall communicate acopy thereof to the petitioner and the registered owner expeditiously. Sd/- P.N.RAVINDRANJUDGE //True Copy//abPA to Judge