SAREESH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner claims to be the 'agreement owner' and possessor of a Mini Lorry which was seized on 19.5.2009 for alleged illegal transportation of river sand. Petitioner has moved the District Collector for release of the vehicle on interim custody. Writ petition has been filed praying for a direction to the first respondent to pass orders on Ext. P2 application.

(2.) Learned Government Pleader submits that in very many cases where this Court has directed the District Collector to pass orders on the application for interim custody in the light of the judgment in Subramanian v. State of Kerala, 2009 (1) KHC 1 : 2009 (1) KLT 77 : 2008 (3) KLJ 832 : ILR 2009 (1) Ker. 191 : 2009 (1) KLJ 135, the authorities had proceeded to pass orders for release of vehicle on interim custody and in many cases it seems that the vehicles are not seen thereafter.

(3.) I find it difficult to appreciate any such difficulty faced by the District Collectors. In Subramanian's case, this Court has not given any categoric direction for release of any vehicle on interim custody merely because an application is filed in that behalf. All that is stated is that when vehicles are seized for infraction of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and an enquiry under S.23 of the said Act is found necessary and the same also entails time, then it will only be appropriate that the applications for interim custody of the vehicle are considered. That is intended to see that an enquiry conducted by the District Collector is not perfunctory and any order passed in that regard would ultimately stand a challenge against the same before this Court or other forum. For that matter, the power being exercised by the District Collectors in this regard has been held as quasi judicial. Therefore, such exercise of power could also be subjected to judicial review. In such cases, it may not serve the purpose of any person, if the vehicles are lying exposed to sun and rain for a long period of time and therefore, the application for release of vehicle on interim custody may be considered.