IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26088 of 2009(E) -------------------------------------- PETITIONER(S): --------------------- JAFFAR SADIK, AGED 28 YEARS, S/O. HAMZA C., CHUNGAN HOUSE, KUMARAMPUTHUR P.O.,MANNARKKAD PALAKKAD DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, NILAMBUR. R1 TO R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26088 OF 2009 -------------------------- Dated this the 16th day of September, 2009 J U D G M E N T Heard Sri.P.Shamsudin, the learned counsel appearing for the petitioner and Sri. P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL-10-3618. The said vehicle was seized by the third respondent on 10.9.2009 on the ground that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector, Malappuram. This writ petition is filed contending that the District Collector has not so far passed any orders in the matter. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the District Collector to give interim custody of the vehicle to him 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 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 W.P.(C) No. 26088/09 2 petitioner should move the District Collector seeking interim custody of the vehicle without seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. The District Collector, Malappuram, shall, in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders within 7 days therefrom granting interim custody of the vehicle to the petitioner on such terms and conditions as he deems fit to impose. The petitioner shall hold the vehicle under interim custody subject to the final orders to be passed in the proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner shall not transfer or otherwise dispose of the vehicle and shall keep it in good repair. He shall also not use it to transport river sand except where the sand transported is covered by a valid pass. The District Collector, Malappuram, shall 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 four months from today. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26088/09 3