KABEER K.P. Vs. THE LOWER DIVISION CLERK,

JUDGEMENT

(1.) THE vehicle bearing Reg. No. KL -09 -L -3791 belonging to petitioner was allegedly seized for infraction of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. He has approached the District Collector, the 2nd respondent for release of the vehicle and is aggrieved by the non -consideration of his request as such.

(2.) THE nature of the power exercised by the District Collector and the para meters within which such power is to be exercised have been dealt with by a Bench of this Court in Sanjayan v. Tahasildar, 2007 (4) KLT 597. Principles have been reiterated in Subramanian v. : 2009(1)KLT77 .

(3.) KEEPING in mind the observations made in the judgments in Shoukathali's case and Subramanian's case and other judgment which have been referred to, the 2nd respondent shall pass final orders in the matter of confiscation/release of the vehicle in question after conducting an appropriate enquiry as early as possible, at any rate within three months from the date of receipt of a copy of this judgment.