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2010 Supreme(Ker) 379

High Court of Kerala
THE HONOURABLE MR. JUSTICE C.N. RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE P.S. GOPINATHAN
Ayoob
Versus
Sub Inspector of Police
W.A. No.1060 of 2010 & Connected Cases
Decided on : 24-06-2010

Advocates appeared:
For the Appellant:P.M. Ziraj, Advocate.
For the Respondent: K. Meera, Government Pleader.

Headnote:

Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 - Section 23 - Detained vehicles - Question pertaining to the conditions based on which vehicles detained could be released pending adjudication is pending before the Full Bench - Held, Court allow these Writ Appeals vacating the impugned judgments and dispose of the W.P.(C)s by directing the District Collector to release the vehicles involved in all these cases on payment of Rs.25,000/- for each vehicle with a further condition that there will be an endorsement made in the R.C. book that adjudication regarding confiscation is pending before the District Collector and no transfer of the vehicles shall be made by the appellants until final adjudication by the District Collector - Appeals Allowed

Judgment :-

C.N. Ramachandran Nair, J.

The question pertaining to the conditions based on which vehicles detained could be released pending adjudication is pending before the Full Bench. However, since detained vehicles will get rusted in the rain leading to loss both to the Government and also to the parties, we feel conditional release could be ordered and final adjudication could be kept pending until Full Bench disposes of the case. Accordingly we allow these Writ Appeals vacating the impugned judgments and dispose of the W.P.(C)s by directing the District Collector to release the vehicles involved in all these cases on payment of Rs.25,000/- for each vehicle with a further condition that there will be an endorsement made in the R.C. book that adjudication regarding confiscation is pending before the District Collector and no transfer of the vehicles shall be made by the appellants until final adjudication by the District Collector. The Collector concerned will await for judgment of the Full Bench and complete the adjudication based on directions or observations contained in the Full Bench judgment. The vehicles will be released after payment, after making endorsement in the R.C. book and after unloading the sand in the Collectorate or such other premises which the Collector decides.


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