IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29075 of 2009(D) -------------------------- PETITIONER: --------------- NAJEEB,SON OF BEERAVUNNI, AGED 32 YEARS,RESIDING AT PUTHUVEETTIL HOUSE, EDASSERY (P.O),THALIKKULAM VILLAGE,CHAVAKKADU TALUK, THRISSUR DISTRICT.(OWNER OF A MINI LORRY BEARING REGISTRATION NO.(KL-08-A-2701) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, ANTHIKKADU POLICE STATION. 2. THE DISTRICT COLLECTOR,THRISSUR. GOVERNMENT PLEADER SRI.P.NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, ALONG WITH W.P.(C).Nos.29113, 29114, 29115 & 29116 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------------------- W.P.(C)Nos.29113,29114,29115,29116 & 29075 of 2009 --------------------------------------------------- Dated this the 15th day of October, 2009 JUDGMENT The petitioners are owners/registered owners of goods vehicles. Their vehicles were seized and produced before the respective District Collectors on the allegation that the vehicles were used to transport river sand without valid pass. In these writ petitions, the petitioners seek interim custody of their vehicles. 2. A learned Single Judge of this Court has in Subramanian V. State of Kerala (2009 (1) KLT 77) 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 such circumstances, as the petitioners have already moved the District Collector concerned in writing seeking interim custody of their vehicles, I am of the opinion that District Collectors concerned should consider the said requests and pass orders thereon. 3. I accordingly dispose of these writ petitions with the W.P.(C)Nos.29113,29114,29115,29116 & 29075 of 2009 2 direction that the District Collectors concerned shall within seven days from the date on which the petitioners produce a certified copy of this judgment, pass orders granting interim custody of the vehicle to the respective petitioners, on such terms and conditions as they deem fit to impose. 4. The District Collectors concerned shall pass final orders in the proceedings initiated by them under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within three months from such date, after notice to and affording the petitioners a reasonable opportunity of being heard. In cases where the registered owners have not moved the District Collector for interim custody, the District Collector concerned shall issue notice to them and hear the registered owner also before passing orders as directed herein. P.N.RAVINDRAN, JUDGE skj.