LAWS(KER)-2009-8-133

UNNIKIRHSNAN T.V. Vs. THE DISTRICT COLLECTOR,

Decided On August 17, 2009
Unnikirhsnan T.V. Appellant
V/S
The District Collector, Respondents

JUDGEMENT

(1.) THE vehicle belonging to the petitioner, bearing registration No. KL -3P/5625 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 1st respondent for release of the vehicle vide Ext.P2 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 parameters 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. State of Kerala : 2009 (1) KLT 77.

(3.) KEEPING in mind the observations made in the judgments in Shoukathali's case, Subramanian's case and Sareesh's case which have been referred to, the 1st respondent in this case 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.