IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 14127 of 2009(I) -------------------------- PETITIONER: --------------- DILEEP,S/O.PREMAN,AGED 22 YEARS, DRIVER,PAZHANKANDATH HOUSE,SUKAPURAM.PO, NADUVATTOM DESOM,KUTTIPALAM VILLAGE,PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-54-3515) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, ALONG WITH W.P(C)NO.14170/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ---------------------------------- W.P ( C) Nos.14127, 14170, 14171, 14172 & 14173 of 2009 ---------------------------------- Dated this the 23rd day of May,2009 JUDGMENT The vehicle belonging to petitioners in all these cases were allegedly seized for infraction of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. They have approached the District Collector, the 1st respondent for release of the vehicle and are aggrieved by the non- consideration of their 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 Vs.Tahasildar [2007 (4) KLT 597 (SC). Principles have been reiterated in Subramanian Vs. State of Kerala [2009 (1) KLT 77). 3. In Subramanian's case, this Court observed that the power exercised by the District Collector W.P ( C) Nos.14127 of 2009 & Con. Cases. :: 2 :: is under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. It is also, therefore, quasi judicial in character. Reasons will have to be given by the District Collector while passing orders under Section 23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 read with Rules 27 and 28 of Kerala Protection of River Banks and Regulation of Removal of Sand Rules 2002. If there is a contention that the transportation of sand was supported by a pass issued by the competent local authority, that has to be referred. The materials which are placed before the District Collector by the subordinate officials shall also be looked into. This has been indicated in Subramanian's case. If motion is made by the owners of the vehicle for release of the vehicle on interim custody, it will be subject to the conditions mentioned in paragraph 58 of the said judgment. The District Collector may pass orders on such W.P ( C) Nos.14127 of 2009 & Con. Cases. :: 3 :: applications for interim custody. Further conditions can be imposed in the course of release of the vehicle as indicated by this Court in Shoukathali Vs. Tahasildar [2009 (1) KLT 640]. 4. Keeping in mind the observations made in the judgments in Shoukathali's case and Subramanian's case and other judgment which have been referred to, the 1st respondent in these cases 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. 5. In the meanwhile, if motion is made by the petitioners for interim custody of the vehicles, then orders shall be passed by the District Collector on the applications for interim custody of the vehicles, within three weeks from the date of receipt of a copy of this judgment in the light of the observations contained in W.P ( C) Nos.14127 of 2009 & Con. Cases. :: 4 :: Shoukathali Vs. Tahasildar [2009 (1) KLT 640] and Subramanian Vs. State of Kerala [2009 (1) KLT 77) . The writ petitions are disposed of as above. The petitioners shall produce copies of the judgment in Subramanian and Shoukathali along with the certified copy of this judgment before the 1st respondent, for compliance. Sd/- (V.GIRI) JUDGE) sk/- //true copy// P.S. to Judge