IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25448 of 2009(A) ------------------------------------- PETITIONER: ------------------ SHAMEER BABU K.U., S/O. UDUMAN HAJI, AGED 29 YEARS, KAKKADATH HOUSE, PULLOOR P.O., VARAVATTUR DESOM, PULLOOR VILLAGE, THRISSUR (RC OWNER KL-07-C 7324) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHI POLICE STATION, CHERUTHURUTHI THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25448 of 2009 - A ---------------------------------------- Dated 8th September, 2009 Judgment The petitioner is the registered owner of a mini lorry bearing registration No.KL-07C/7324. The said vehicle was seized by the second respondent on 23.3.2009 on the ground that it was used to transport river sand without a valid permit. The petitioner's grievance is that though the seized vehicle was produced before the District Collector by the second respondent, till date, the District Collector has not passed final orders in the matter. The petitoner also submits that he had thereupon submitted Ext.P3 representation before the District Collector requesting him to grant interim custody of the vehicle to him. This writ petition is filed seeking a writ in the nature of mandamus commanding the respondents to release the mini lorry bearing registration No.KL-07C/7324 to the petitioner. 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.25448/2009 -: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 in Ext.P3 representation for interim custody of the seized vehicle and pass orders thereon. I accordingly dispose of the writ petition with the following directions: (1) The District Collector, Thrissur shall consider the request made by the petitioner in Ext.P3 representation for interim custody of his vehicle expeditiously and, in any event, within ten days from the date on which the petitioner produces a copy of this judgment before the District Collector; and (2) The District Collector, Thrissur shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from the date on which the petitioner produces a certified copy of this judgment before him. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa