NAUFAL v. THE DISTRICT COLLECTOR

P.N.RAVINDRAN, J.-----------------------------W.P(C) No. 31421 of 2009-W ------------------------------Dated this the 4th day of November, 2009.J U D G M E N T Heard Sri.U.K.Devidas, the learned counsel appearing for thepetitioner and Sri.P.N.Santhosh, the learned Government Pleaderappearing for the respondents. 2.The petitioner is the registered owner of a goods vehiclebearing registration No.KL-10/A-7679. The said vehicle was interceptedand seized by the second respondent on 23.10.2009 at 4.45 pm, on theallegation that there was a short delay of 25 minutes in reaching thedestination. In this writ petition, the petitioner challenges the seizure ofhis vehicle and seeks a direction to the respondents to release the vehicleto 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 directrelease of any vehicle which is seized and produced before him, by way ofinterim custody. In such circumstances, I am of the opinion that thepetitioner should move the District Collector in writing, setting out thecontentions raised in this writ petition and pointing out the fact that the W.P(C) No. 31421 of 2009-W 2sand transported was covered by a valid pass and that it was seized onlybecause of the fact that there was a short delay of 25 minutes in reachingthe destination mentioned in the pass. I accordingly dispose of this writpetition with the following directions:i)The District Collector, Malappuram shall in the event of thepetitioner filing an appropriate representation seeking interim custody, release the vehicle to the petitioner by way of interim custody on thepetitioner depositing the sum of Rs.25,000/-. It will open to the DistrictCollector to impose conditions other than deposit of money whilegranting interim custody. The vehicle shall be released on the day thepetitioner deposits the sum of Rs.25,000/-. ii)The District Collector, Malappuram shall pass final orders inthe proceedings initiated by him under the Kerala Protection of RiverBanks and Regulation of Removal of Sand Act, 2001 and the Rules framedthereunder within three months from such date, after affording thepetitioner a reasonable opportunity of being heard. The District Collectorshall pass an order giving reasons in support of his conclusions and shallcommunicate a copy thereof to the petitioner expeditiously. Thecontentions of the petitioner on the merits are kept open. Sd/-P.N.RAVINDRANabJUDGE