IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25467 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------- MUNEER P.P., AGED 26 YEARS, S/O.MOHAMMED, PUTHEN PEEDIKA HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, NILAMBUR. 3. THE SECRETARY, MAMPAD GRAMA PANCHAYATH, MAMPAD. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25467 of 2009-C ------------------------------ Dated this the 9th 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.Narayanan, learned Government Pleader appearing for the respondents 1 and 2. In the nature of the order that I propose to pass I do not deem it necessary to issue notice to or hear the third respondent. 2. The petitioner claims that he is the owner of a lorry bearing registration No.KL-7-H 6024, in terms of Ext.P1 sale agreement executed between him and the registered owner. The said vehicle was seized by the second respondent Sub Inspector of Police, on 24.8.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the District Collector, Malalppuram. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to give interim custody of his vehicle bearing No.KL-7-H 6024, pending finalization of the proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 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 W.P(C) No. 25467 of 2009-C 2 release of any vehicle which is seized and produced before him, by way of interim custody. In my opinion, since the petitioner has already moved the District Collector seeking interim custody of the vehicle, the District Collector is bound to take a decision thereon expeditiously. Since the petitioner claims that he is holding the vehicle under an agreement of sale, I am of the opinion that the District Collector should issue notice to the petitioner and the registered owner of the vehicle, before passing orders in the matter. I accordingly dispose of this writ petition with a direction to the District Collector, Malappuram to consider the request made by the petitioner in Ext.P3 representation for interim custody of vehicle bearing registration No. KL-7-H 6024 and pass orders thereon after notice to and affording the petitioner and the registered owner named in Ext.P1, a reasonable opportunity of being heard. This shall be done within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall also pass final orders in the matter, within three months from the said date, after affording the petitioner and the registered owner of the vehicle a reasonable opportunity of being heard. Sd/- ab P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge