IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29320 of 2009(H) -------------------------- PETITIONER(S): --------------- ABDUL NAZAR P.T., AGED 30 YEARS, S/O.MUHAMMED P.T., PALAKKATTUTHODIYIL HOUSE, GOVT. PRESS P.O., SHORNUR-2. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29320 OF 2009 -------------------------- Dated this the 16th day of October, 2009 J U D G M E N T Heard Sri. Santheep Ankarath, the learned counsel appearing for the petitioner and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of the goods vehicle bearing registration No.KL-51/1874. The said vehicle was seized by the second respondent Sub Inspector of Police and produced before the District Collector, Thrissur, on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that when the vehicle was seized, no sand was carried in it and that there was no occasion to take the vehicle into custody. The petitioner submits that his vehicle is lying exposed to the elements of nature and that it is fast deteriorating. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release his vehicle by way of interim custody, expeditiously. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) while upholding the constitutional validity of the Kerala Protection of River Banks and Regulation of Removal W.P.(C) No. 29320/09 2 of Sand Act, 2001, held that the District Collector has the power to direct release of any vehicle which is seized and produced before him by way of interim custody. In such circumstances, I am of the opinion that the petitioner should move the District Collector in writing seeking interim custody of his vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. (a) The District Collector, Thrissur, shall, in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 7 days therefrom granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (b) The District Collector, Thrissur, shall also pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within three months from such date. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 29320/09 3