IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27813 of 2009(V) ---------------------------------------- PETITIONER(S): ------------------------- P.MUZAMMIL,S/O.ABDUL RASAK, PUTHIYARAKKAL HOUSE,R.S.ROAD, OTTAPALAM POST,OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, MR.R.SREEHARI. RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION,PALAKKAD. 2. DY.SUPERINTENDENT OF POLICE,SHORANUR. BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27813 of 2009 - V ---------------------------------------- Dated 6th October, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KL/8W - 7594. The said vehicle was seized by the second respondent and produced before the District Collector, Palakkad on 28.8.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had submitted Ext.P2 representation before the District Collector, Palakkad seeking interim custody of his vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the goods vehicle described in Ext.P1 registration certificate to him by way of interim custody. 2. 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 release any vehicle seized and produced before him by way of interim custody. In such circumstances, the W.P.(C) No.27813/2009 2 District Collector, Palakkad ought to have considered Ext.P2 and passed orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the first respondent to grant interim custody of the vehicle described in Ext.P1 registration certificate to the petitioner on such terms and conditions as he may deem fit to impose. This shall be done within seven days from the date on which the petitioner produces a certified copy of this judgment before the District Collector. The District Collector, Palakkad 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 and the Rules framed thereunder expeditiously and, in any event, within three months from such date, after notice to and affording the petitioner a reasonable opportunity to state his case. P.N.RAVINDRAN Judge vaa