IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 31413 of 2009(V) -------------------------- PETITIONER(S): --------------- P.ABOOBACKER SIDIQUE, S/O.PACHEERI HAMZA HAJI, PACHEERI HOUSE, BIG BAZAR, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, PERINTHALMANNA. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 31413 of 2009-V ------------------------------ Dated this the 4th day of November, 2009. J U D G M E N T Heard Sri.U.K.Devidas, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-10/B-1913. The said vehicle was intercepted and seized by the second respondent on 23.10.2009 at 4.45 pm, on the allegation that there was a short delay of 25 minutes in transporting sand to the destination mentioned in the pass. In this writ petition, the petitioner challenges the seizure of his vehicle and seeks a direction to the respondents to release the vehicle to him. 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. In such circumstances, I am of the opinion that the petitioner should move the District Collector in writing, setting out the contentions raised in this writ petition and pointing out the fact that the W.P(C) No. 31413 of 2009-V 2 sand transported was covered by a valid pass and that it was seized only because of the fact that there was a short delay of 25 minutes in reaching the destination mentioned in the pass. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Malappuram shall in the event of the petitioner filing an appropriate representation seeking interim custody, release the vehicle to the petitioner by way of interim custody on the petitioner depositing the sum of Rs.25,000/-. It will open to the District Collector to impose conditions other than deposit of money while granting interim custody. The vehicle shall be released on the day the petitioner deposits the sum of Rs.25,000/-. 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 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 expeditiously. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//