IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30516 of 2009(H) -------------------------------------- PETITIONER: ------------------- MOHAMMED FAZIL, S/O.KUNJALI, KALODY HOUSE, KOTTAKKAL, KUTTIPURAM P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. MR.JAMSHEED HAFIZ. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, TIRURANGADI TALUK. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------------- W.P(C) Nos.30516 of 2009-H ---------------------------------- Dated this the 28th day of October, 2009. J U D G M E N T Heard Sri.Jamsheed Nafiz, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner claims that he is the owner of a goods vehicle bearing registration No.KL-11-B-6352. The said vehicle was seized by the second respondent on 1.10.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent. The grievance voiced by the petitioner in this writ petition is that though he had on several occasions requested the District Collector, to release the vehicle to him by way of interim custody, till date orders have not been passed granting interim custody of the vehicle to him. In this writ petition, the petitioner inter alia seeks a direction to the respondents to release the vehicle to him by way of interim custody. 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. It is evident from the pleadings that the petitioner has not till date moved the District Collector in writing seeking interim custody of his vehicle. He ought to have in my opinion moved the District Collector in writing, seeking interim custody of the vehicle. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Malappuram shall in the event of the petitioner filing a representation in writing seeking interim custody of the vehicle, grant interim custody of the vehicle to the petitioner within seven days from the date on which such a representation is filed, on such terms and conditions as he may deem fit to impose. ii) 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 and the rules framed thereunder within three months from such date after affording the petitioner and the registered owner of the vehicle a reasonable opportunity of being heard. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner and the registered owner expeditiously. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA TO JUDGE