IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 34426 of 2009(W) -------------------------- PETITIONER(S): --------------- SURESH,S/O.PONNU,MUTHUVETTIL, AMBAMKUNNU,POTTASSERY,MANNARKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, MANNARKKADE POLICE STATION, MANNARKKADE. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34426 OF 2009 -------------------------- Dated this the 1st day of December, 2009 J U D G M E N T Heard Sri.K.Anand, 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 goods vehicle bearing registration number KL 09 F 6807. The said vehicle was seized by the second respondent on the allegation that it was used to transport river sand without a valid pass. A report was thereafter submitted before the District Collector, Palakkad. The grievance voiced by the petitioner is that, till date, orders have not been passed in the matter. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle to him by way of interim custody. 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 W.P.(C) No. 34426/09 2 seized and produced before him by way of interim custody. In such circumstances, I am of the opinion that the petitioner should have moved the District Collector seeking interim custody of his vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. (a) The District Collector, Palakkad, shall, in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 7 days therefrom granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (b) The District Collector, Palakkad, 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, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within two months from today. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 34426/09 3