IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26401 of 2009(U) --------------------------------------- PETITIONER(S): ---------------------- T. ARUN PRASAD, S/O.K.THIRUMALAISAMY, 467 JOTHI MILL STREET, ATHUR, SALEM, TAMIL NADU. BY ADV. MR.K.V.GOPINATHAN NAIR RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, KOLLANGODE. 2. THE DISTRICT COLLECTOR, PALAKKAD. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 26401of 2009-U ------------------------------ Dated this the 18 day of September, 2009. J U D G M E N T Heard Sri.K.V.Gopinathan Nair, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a good carriage bearing registration No.TN-30/T 4466. The said vehicle was seized by the first respondent Sub Inspector of Police, Kollangode on 23.8.2009 while transporting river sand from the State of Tamil Nadu to Govindapuram, on the ground that it was used to transport river sand without a valid pass issued under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and the rules framed thereunder. After seizure, the vehicle was produced before the District Collector, Palakkad. Though the petitioner moved the District Collector, Palakkad by submitting Ext.P8 representation dated 10.9.2009 requesting him to release the vehicle, till date orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the second respondent to release the vehicle to him together with the goods carried therein after verifying the documents produced by him. In the alternative, the petitioner seeks a W.P(C) No. 26401of 2009-U 2 writ in the nature of mandamus commanding the respondents to consider the request made by him in Ext.P8 for interim custody of the vehicle. 3. 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 my opinion, since the petitioner has already moved the District Collector seeking interim custody of his vehicle, the District Collector is bound to take a decision thereon expeditiously. I accordingly dispose of this writ petition with a direction to the District Collector, Palakkad to consider the request made by the petitioner in Exts.P8 representation for interim custody of his vehicle bearing registration No. TN-30/T 4466 and pass orders thereon within ten days 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 a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy// PA to Judge