IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26885 of 2009(E) -------------------------------------- PETITIONER: ------------------- SHARAFUDHEEN.V, VELLADATH HOUSE, EDAKKULAM (PO), THIRUNAVAYA, TIRUR TALUK, MALAPPURAM. BY ADVS. MR.JAMSHEED HAFIZ, MR.SAJU.S.A. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. S.I. OF POLICE, VALANCHERY, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P.N. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.26885 of 2009 - E ---------------------------------------- Dated 24th September, 2009 Judgment The petitioner is the owner of a goods vehicle bearing registration No.KL-51/2472, under an agreement of sale executed with the registered owner. The said vehicle was seized by the second respondent Sub Inspector of Police, Valanchery and produced before the District Collector, Malappuram on 08.09.2009 on the allegation that it was used to transport river sand without a valid pass. The grievance voiced by the petitioner is that till date notwithstanding repeated requests, the District Collector has not released the vehicle to him by way of interim custody. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the vehicle seized from 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 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 my opinion, in the light of the decision of W.P.(C) No.26885/2009 -:2:- this Court in Subramanian v. State of Kerala (2009 (1) KLT 77), the District Collector has to consider the request made by the petitioner for interim custody of the vehicle and pass orders thereon. I accordingly dispose of the writ petition with the following directions: (1) The District Collector, Malappuram shall consider the request made by the petitioner for interim custody of his vehicle expeditiously and, in any event, within ten days from the date on which the petitioner produces a certified copy of this judgment before the District Collector and makes a request in writing seeking interim custody of his vehicle; and (2) The District Collector, Malappuram shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from today after affording the petitioner a reasonable opportunity of being heard. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa