IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 686 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.7056/2009 Dated 11/03/2009 .................... APPELLANT/PETITIONER: --------------------------- RAJU,S/O.CHAKRAPANI, AGED 45, VILAYIL VEETHULAM PULIMATH VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR, KILIMANOOR POLICE STATION. 3. THE TAHSILDAR, CHIRAYINKEEZHU. 4. THE VILLAGE OFFICER, KODUVAZHANNUR. 5. ANILKUMAR, S/O.RAGHAVAN, ATHIRTHIVILA VEEDU, AILAM. R1 TO R4 BY SENIOR GOVERNMENT PLEADER, SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------ W.A.No.686 of 2009 ------------------------------------ Dated this, the 20th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Heard learned counsel for the appellant and learned Government Pleader appearing for respondents 1 to 4. 2. This appeal is filed challenging the order dated 11th March, 2009 passed by the learned Single Judge in W.P.(C) No.7056 of 2009. The vehicle of the appellant was seized as it was alleged to have been involved in unauthorised transportation of river sand and when the appellant sought for release of the vehicle, condition of remitting Rs.25,000/- (Rupees Twenty Five Thousand only) was imposed by the Deputy Collector (LR). The main grievance of the appellant is that transportation of sand in the vehicle in question was covered by a valid pass and as such the detention of the vehicle was illegal and as the learned Single Judge has not considered the same in the proper perspective, the impugned order requires to be WA No.686/2009 -:2:- reconsidered and the respondent No.1 be directed to release the lorry belonging to the appellant on such terms and conditions as deemed fit. 3. On finding that the Deputy Collector who had passed the order had no jurisdiction to do so and since the power vests with the District Collector, the learned Single Judge had rightly quashed the order of the Deputy Collector vide Ext.P4 and has directed the District Collector to consider the case afresh after issuing notice and giving an opportunity of hearing to the appellant to pass fresh and appropriate orders. 4. In view of the submission made by the learned counsel for the appellant that the appellant is ready to appear before the District Collector on 23.3.2009, we direct the District Collector to consider the case on merits afresh and in the light of the orders passed by this court on earlier occasions in this very case and pass appropriate orders regarding the release of the WA No.686/2009 -:3:- vehicle within two days thereof. While considering the case of the appellant, the District Collector is directed to look into the records of the Village Officer, especially the pass issued by him as per Ext.P2, pertaining to this case. The Writ Appeal is disposed of as above. Sd/- S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb/dk.